Sentences with phrase «as ancillary relief»

A fully contested battle over the financial settlement (known as Ancillary Relief) can take several years and incur legal costs of tens of thousands of pounds.

A fully contested battle over the financial settlement (known as Ancillary Relief) can take several years and incur legal costs of tens of thousands of pounds.

Not exact matches

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

The problem is easily illustrated by SW v RC [2008] EWHC 73 (Fam), where Mr Justice Singer contrasted the meanings of 14 days from «the determination against which the appeal» (in FPR 1991 r 4.22 (3): Children Act 1989 (ChA 1989), Sch 1 proceedings) as against from «the date of the order or decision appealed against» in r 8.1 (4)(ancillary relief proceedings); and what for this purpose, he asked, «constitutes a «determination», and an «order or decision»?»

If it was serious, it could well earn the wife more in terms of damages than a «conduct» bonus and Litigation submits it would be wrong for the damages to be taken into account as part of the wife's conduct for the purposes of ancillary relief.

He went on to say that the continuing duty of full and frank disclosure of all material facts in ancillary relief proceedings included a duty to inform the other party of information that might result in a removal of uncertainty as to the value of assets or the level of future income or inform the assessment of a party's income, earning capacity or assets.

As to what is an important point of principle or practice in ancillary relief: on that there is no guidance.

It was therefore open to the court to set aside the ancillary relief order as a transaction at an undervalue — Insolvency Act 1986 (IA 1986), s 339 — and, on appeal from the district judge in the insolvency proceedings, Judge Pelling set aside Mrs Haines's ancillary relief order.

As we know, the Court of Appeal found that a claim for ancillary relief is a real claim depending for its quantification on the exercise of the court's discretion.

As identified by Commissioner Blair QC in the Royal Court decision of In the Matter of L [2015] JRC119, there is «a lacuna in Jersey's law of ancillary relief» because the Royal Court has no statutory power to set aside a disposal by a non-compliant spouse or civil partner determined to put assets beyond the reach of his or her estranged partner.

This was considered further in F v S (ancillary relief application to set aside an order)[2009] EWHC 2377 (Fam) in which there had been a dispute as to the value of the husband's shares, with the husband's expert giving a value of # 3.7 m and the wife's expert giving a value of # 27.2 m.

It [was] also submitted that in cases of contested ancillary relief proceedings if the order made is liable to be set aside under s 339 then as a matter of course the statutory discretion should be exercised against making any such order.»

Then came Edgerton v Edgerton and Shaikh [2012] EWCA Civ 181, [2012] All ER (D) 172 (Feb) in which Lord Neuberger MR again — in passing, only, on this occasion — consigned a family lawyer's assumption to the same dustbin as «Hildebrand rules»: «[36][The judge below] thought that, as the court in the ancillary relief proceedings had an inquisitorial, or quasi-inquisitorial (as Thorpe LJ put it in Parra v Parra [2002] EWCA Civ 1886, para 22), role, the normal rules as to issue estoppel did not apply.

Yarwood v Yarwood's Trustee in Bankruptcy [2010] EWHC 2272 (Ch); [2010] 3 F.C.R. 311; [2010] B.P.I.R. 1443; (2010) 154 (36) S.J.L.B. 33; [2010] N.P.C. 93 A claim to set aside a transfer of property pursuant to an agreement made as part of an ancillary relief claim prior to the presentation of a bankruptcy petition but performed after the petition was presented.

The department as a whole is described as a team offering clients support across a wide range of family issues, including nuptial agreements, ancillary relief and private law children proceedings.

Most of the judges» time is taken up with the subsidiary issues of what is known as «ancillary relief» rather than divorce itself, Munby said in his latest published commentary on the state of the family courts.

Julian Wilson's appearances in conflicts of law cases include: Sanders v Trigor One Limited [2014] EWHC 1646 (Comm); [2014] All ER (D) 187, a case on whether a Gibraltar Fund Investment Prospectus contained a concluded English jurisdiction agreement under Council Regulation (EC) 44/2001, Art 23; Goldstone v Goldstone & Ors [2011] EWCA Civ 39 on the test for territorial jurisdiction where disputed ownership and control is a preliminary issue in ancillary relief proceedings; Duarte v Black & Decker Corporation [2008] All ER (Comm) 401 on the role of English public policy as the law of the forum in cases involving restrictive covenants; and Foote Cone & Belding v Theron [2006] EWHC 1585 (Ch) a worldwide freezing injunction case concerning the test for domicile and residence for the purposes of territorial jurisdiction.

It is not open to a court, simply because it regards it as just and convenient, to disregard such separate entity and to appropriate the assets of a company in satisfaction either of the monetary claims of it's corporator's creditors or of the monetary ancillary relief claims of its corporator's spouse.

The ancillary relief proceedings are often fiercely contested as a judge will rule on who should have what from the matrimonial assets.

However, King J explained: I do not take Smith v Smith to be saying that the court must always hear a case as a full blown ancillary relief hearing where there is an alleged agreement, but rather as a trenchant reminder that an agreement forms part of all the circumstances of a case and that, even if such an agreement be found to be of magnetic importance, the court should only ever consider such an agreement against the backdrop of all the s 25 factors.

- How to make good her contention that the assets held by the trustees of Dragon were to be treated as her husband's resources for the purposes of orders in the application for ancillary relief.

According to Rimer LJ, those dicta had the effect of stating that, where a «husband is, either actually or in substance, the 100 % owner of a company that owns an asset that might usefully be applied in or towards satisfaction of a wife's ancillary relief claim, it will or may be open to the court to pierce the company's corporate veil and treat that asset as property of the husband so as to enable it to be the subject of a s 24 (1)(a) order».

As Rimer LJ explained in his trenchant lead judgment for the majority in the Court of Appeal, this approach was inconsistent with the principle in Salomon — a principle which, he noted, «applies as much in the disposition of ancillary relief proceedings as in other proceedings»As Rimer LJ explained in his trenchant lead judgment for the majority in the Court of Appeal, this approach was inconsistent with the principle in Salomon — a principle which, he noted, «applies as much in the disposition of ancillary relief proceedings as in other proceedings»as much in the disposition of ancillary relief proceedings as in other proceedings»as in other proceedings».

During ancillary relief proceedings, the respondent procures a bankruptcy order on his own petition as a ruse, does the applicant have the ability to apply for an annulment?

Pointing to the need for full information on the application for ancillary relief, the wife's likely ignorance of the true asset position and the husband's likely disaffection, Sir Mark Potter P described the letter of request as a «valuable means by which to obtain the necessary information» and said «the court should in principle be receptive to an application by the wife in such a case».

Many missionary travel insurance plans also provide ancillary benefits such as natural disaster relief, emergency Rx drugs refill, emergency cash transfer, ID theft assistance and so on.