Sentences with phrase «financial remedy proceedings»

The impact of the EC regulations is addressed in several substantive contexts, including applications under Part III of the Matrimonial and Family Proceedings Act 1984 (Lord Collins's tantalising obiter dicta in Agbaje v Agbaje, and the subsequent case - law such as Traversa v Freddi [2011] 2 FLR 272) as well as in relation to enforcement of maintenance orders and the difficulty in that context of characterising English orders made in financial remedy proceedings.

He confirmed the strong starting point that financial remedy proceedings are generally conducted in private, but that there is a fundamental constitutional principle of open justice in the Family Court's and the need to have regard to freedom of expression.

In making this decision Cobb J also considered the impact of s 1 (1) and 1 (4) of the Judicial Proceedings (Regulation of Reports) Act 1926 and noted his surprise that after 90 years there is still little clarity on whether this offers a further degree of privacy to financial remedy proceedings.

Julian appeared in Associated Newspapers Limited v Duncan Bannatyne [2015] EWHC 3467 (Ch) a prominent case concerning the balance between open justice and the privacy of financial remedy proceedings.

The highest court in the land has allowed the appeals lodged by Alison Sharland and Varsha Gohil, thus meaning that fraud will have a bearing on financial remedy proceedings in the family courts.

She advises clients on all aspects of family law, with a particular emphasis on high net worth financial remedy proceedings on divorce.

By contrast, he stressed, there had been no speculation or awareness of the Gallagher / Appleton financial remedy proceedings in the run up to last week's hearing.

«Victoria has a total command of all issues relating to Children Act and financial remedy proceedings.

The case has been transferred to the High Court, News UK having applied for permission to publish details of the financial remedy proceedings.

The Court has the power to order that periodical payments will commence upon granting of decree for divorce as part of the parties» financial remedy proceedings.

She has broad experience in financial remedy proceedings including the ownership of companies, third party interests, pre / post-nuptial agreements and assets overseas.

Recent work for the «dedicated lawyers» include Children Act matters, cross-border divorces and financial remedy proceedings.

In «The sound of silence: adverse inferences: Al - Baker», Antonia discusses how the courts deal with cases of non-disclosure in financial remedy proceedings.

Drafting of and advice on shareholders» agreements and articles of association, in particular advice in relation to the construction of pre-emption provisions (including in the context of financial remedy proceedings)

The «very commercial» Michael Pulford leads the team at Pinsent Masons LLP, and acts in relation to high - profile and high - value pre - and post-nuptial agreements, divorce and financial remedy proceedings, and private law children and child abduction cases.

The firm is «very strong in all areas» including high - net - worth financial remedy proceedings, separation agreements, the freezing of assets and various other matters.

Acting for a high net worth wife in divorce and financial remedy proceedings against a husband who was a director and shareholder of an international publicly - listed company.

In FPR 2010, Pt 28 (costs rules), the reader must spot, unaided, the difference between financial remedy proceedings, and proceedings for a financial order.

An additional practice that has grown in popularity among many practitioners, where the parties have the financial resources, is the use of a private financial dispute resolution appointment (FDR), the FDR being a key part of financial remedy proceedings in a divorce.

In financial remedy proceedings, that is why, of course, there is, under the Family Procedure Rules, an agreed bundle, statement of issues, chronology etc, so that the judge can focus on the key issues.

Although, as in most financial remedy proceedings, the key issue was whether the husband had the available wealth that the wife claimed, there was an additional, complicating factor that the wealth may have been in the hands of the husband's extended family (outside England and Wales) and the court would need to be satisfied that the money would be paid.

In JP v NP, Eleanor King J considered a third attempt to set aside orders made in financial remedy proceedings, where # 42,000 was in issue between the parties and where an order (order (1)-RRB- had been made following a hearing and in anticipation of a decree nisi later being made.

Lord Pearson [at 682] contrasted this with the position where application is made after the time for appeal has expired (eg, per a Barder appeal in financial remedy proceedings — see Barder v Barder (Caluori Intervening)[1988] AC 20, [1987] 2 All ER 440): in such a case the end of litigation has been definitely reached, subject only to the court's power to extend the time.

Inevitably, cases turn very much on their own facts and, rather frustratingly, unlike within the context of financial remedy proceedings on divorce, there are relatively few reported cases to refer to for guidance as those cases that have been reported tend to have been of a «big money» nature and have little relevance to the majority of separating cohabitants.

FPR 2010 r 21.1 (1) anticipates such a list in the family court, but this is rarely anticipated, still less ordered, by the court (eg, most disclosure in financial remedy proceedings is dictated by production of documents with Form E (the parties» financial statement)-RRB-.

Family lawyers and the courts are interested in fairness; financial remedy proceedings are not a game to make one party richer than the other.

The starkest example is the question of whether the public or the press should be allowed to view financial remedy proceedings.

Divorce proceedings and any financial remedy proceedings are going to be «de-linked» and pursued separately in a move set to streamline the family court system nationwide and save weeks of delay.

Parliament has imposed no statutory time - bar in financial remedy proceedings.

Not exact matches

«The ultimate resolution of any of these pending legal proceedings or government investigations, depending on the sanctions and remedy sought and granted, could materially adversely affect our results of operations and financial condition,» the bank said in a filing with the SEC.

He explained his position as follows: «There is no doubt that in this jurisdiction, when dealing with an application for financial remedies in English divorce proceedings, the court will normally apply English law, irrespective of the domicile of the parties, or any foreign connection (see Radmacher para 103).

Under the current system, if one of the party's contests the other's application for financial remedy, all of the divorce proceedings are transferred to a local court.

He warned that the government's «lamentable history of procrastination» meant that it was unwise to expect «speedy progress», but argued that the differences between the processes made the de-linking a prudent step which would simplify divorce proceedings and take the strain off the oversubscribed financial remedies administration:

In parallel, however, there ran enforcement proceedings in respect of an interim financial remedy order issued in December 2010, that the husband make periodical payments of # 10,000 each month (and which went unpaid).

The team is «always prepared to listen and discuss the merits of different options» and its recent caseload included financial remedy and international divorce proceedings involving high - value assets, cohabitee property disputes and pre-nuptial agreements as well as pension sharing orders and spousal maintenance matters.

Jurisdiction disputes can lead to lengthy and complex court proceedings prior to the financial remedies procedure even starting.