Sentences with phrase «for ancillary relief»

application for ancillary relief (this is for ongoing payments or a share in the property or possessions you own): # 355 in the High Court and # 296 in a county court

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».

The issues that confronted Mrs Charman were typical of those faced by partners in claims for ancillary relief where there are substantial assets held in offshore trusts: - How to get information about the trust.

- 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.

The matter was transferred to the High Court with the wife seeking to persuade the court to proceed with directions for the ancillary relief hearing, while the husband sought an order that the ancillary relief proceedings be stayed and that there be a hearing of his Notice to Show Cause.

«Has the time not come to bring about a complete de-linking — separation — of divorce and «money»,» Munby asked, «so that they are started and pursued by completely separate processes, albeit, of course, that the timeline for ancillary relief is determined by the progress of the divorce?

I do not agree... [A] s Sir Mark Potter P said in Charman v Charman (No 4)[2007] EWCA Civ 503, para 67, «the starting point of every inquiry in an application for ancillary relief is the financial position of the parties», and that «inquiry is always in two stages, namely computation and distribution».

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.

The 2007 — 08 At a Glance — essential court tables for ancillary relief which you are hereby ordered ex parte to buy — has just been published for the Family Law Bar Association (FLBA) by Class Publishing at # 40 which, according to table 2, represents a rise over last year of in excess of the rate of inflation.

When the judge made an order for ancillary relief on 26 April 2007, he did ignore the # 9,605 trespass damages.

A hearing has been arranged for 12 May 2008 by when he hopes to be able to pronounce a decree under the Matrimonial Causes Act 1972 s 1 (2)(d)-- consent still being available — and no doubt to formally make his order for ancillary relief.

There had been no pending application for any ancillary relief that could be compromised.

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.»

Not exact matches

It is common in ancillary relief cases for bank accounts to be overlooked and omitted from initial disclosure.

H failed to tell W of negotiations under way for a substantial change in his employment position running in parallel with negotiations for settlement of their ancillary relief proceedings.

In B v B [2007] EWHC 2472 (Fam), [2007] All ER (D) 404 (Oct) a house was sold by H, and to his advantage, for appreciably more than its valuation at the time of the ancillary relief hearing.

The ancillary relief proceedings were eventually compromised and the consent order was made on 11 February 2007, whereby W accepted the provision in full and final settlement of all her claims for lump sum, property adjustment and pension sharing.

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»?»

Permission to appeal against ancillary relief orders (after Barder v Barder (Caluori intervening)[1988] AC 20, [1987] 2 FLR 480, HL) has been in the reports recently; but in two cases which only emphasise that, for such an application to succeed, the circumstances must be exceptional.

The last thing we want to be forced to do is don the double breasted and a crisp white shirt to get them soiled in some filthy cell or magistrates» court or receive tuppence for taking on ancillary reliefs where the respondent's assets these days amount to minus not less than 20 grand.

It examines three different sets of developments: (i) those areas where judicial intervention in the English Courts has eroded the principles in cases in fields including arbitration, ancillary relief and financial services regulation, (ii) the developments under the notionally identical jurisdiction under EU Regulation 1206/2001 and (iii) the emerging jurisprudence under the new jurisdiction for non-party disclosure under CPR 31.17.

Acted for a Russian bank in relation to enforcement of an LCIA award by a Russian bank against assets in Cyprus and elsewhere in Europe, and ancillary relief to preserve assets

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.

This «landmark» case concerned the ability of the family courts to pierce the corporate veil of a company controlled by a party to a marriage for the purposes of satisfying an ancillary relief award.

NHS and Government banned >> Internet bankruptcy >> Telephone hearings healthy >> Court approval on ancillary relief >> Depression for property market and couples >>

After a one - half day open court hearing on damages, Lincoln J has just awarded the wife # 9,605 damages and interest and ordered the husband to pay the wife's costs... The court went into chambers on ancillary relief for three days and judgment there is expected at the end of this month.

Apart from maintenance pending suit and financial provision for children, the absence of a decree nisi will kill off the idea of a contested ancillary relief hearing for the time being unless special circumstances, the parties» concurrence and judicial approval all coincide.

Wives (for ease of reference, this article assumes the wife is seeking ancillary relief from the husband) have long been advised to take copies of any significant documents belonging to their husbands provided that the originals are returned and no illegal act is committed in the process.

In the meantime, in the ancillary relief proceedings, Mr Imerman made an application for the return of the seven files held by Withers.

Thorpe LJ then referred to the balance between protecting the creditors against collusive orders in ancillary relief and protection orders justly made at arm's length for the protection of one of the spouses and the children of the family.

The central issue was whether or not the parties to an ancillary relief order gave consideration for the purposes of s 339.

Thorpe LJ commented that if an ancillary relief order «was the product of collusion between the spouses designed to adversely affect the creditors the trustee would intervene in the ancillary relief proceedings and apply for the order to be set aside» (para 46).

The Scottish system for financial provision upon divorce is quite distinct from that of ancillary relief in English law.

Reported cases include: Gill v Meyers (reasonableness and UCTA), Films Rover v Cannon Film Sales (test for grant of mandatory interlocutory injunction), Standard Chartered Bank v PNSC and others (for SGS); Mattis v Toussaint (acted for defendant in successfully resisting claim for finder's fee in respect of stolen painting), Yukong Lines v Rendsburg — The Rialto (tortious conspiracy and ancillary injunctive relief against controller of corporation), REC v Thames Water (test for grant of interlocutory injunction in field of electricity supply), De Molestina and Others v Ponton (acted for defendant in successfully rescission of share distribution agreements), and Marubeni Corporation v Government of Mongolia (claim on state guarantee)

Bankruptcy applications, including applications for sale and possession (and ancillary injunctive relief), applications for annulment (and rescission of an annulment order by a creditor following the bankrupt's failure to comply with the Insolvency Rules) and applications to set aside statutory demands.

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.

Goldstone v Goldstone & Ors [2011] EWCA Civ 39 Offshore structures; test for territorial jurisdiction and applicable court rules where disputed ownership and control is a preliminary issue in ancillary relief proceedings.

ancillary relief: Everything else that can be asked for in a divorce case on top of the divorce itself.

Once the decree absolute has been pronounced the marriage has officially ended and usually the parties will begin ancillary relief proceedings: the name given for deciding how the matrimonial assets should be split.

The application judge accepted the argument of the respondent that the application had to be dismissed on the ground that the application was not properly brought under rule 14.05 because the request for a mandatory order was not ancillary to a claim for relief.

For the twenty - four years I worked almost exclusively in family law, dealing primarily with divorce, ancillary relief (financial / property settlements on divorce), private law children matters and cohabitee disputes.

Family Lore: Grubb v Grubb: «To be involved in ancillary relief litigation is a dire prospect for any husband or wife»

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».

Two years ago, in Imerman v Tchenguiz, Imerman v Imerman [2010] EWCA Civ 908, [2011] 1 All ER 555, the Court of Appeal took the Family Division to task for maintaining, for almost 20 years, a practice in relation to disclosure in ancillary relief proceedings that was incompatible with the general law of confidentiality.

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?

Relief of and coverage for ancillary staff including OTC cashiers and Pharmacy Technicians.