Sentences with phrase «frank disclosure»

The process is dependent on both parties making full and frank disclosure of all of their assets so that negotiations can be open and honest.

Further, failure to make full and frank disclosure can tarnish your credibility in future proceedings before the court.

The U.S. Supreme Court, in Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998), reasoned that full and frank disclosure is a prerequisite that attorneys need in order to give their clients the best legal advice available.

Failing to make such frank disclosure may result in the order being set aside or an order of special costs being awarded against the person obtaining the order (for example in this case).

In child support cases, the financial disclosure requested from a non-resident parent (NRP) is wholly inadequate, compared with the full and frank disclosure provided in the court process.

The requirement to provide full and frank disclosure is one of the more significant cost drivers in freezing order applications, requiring careful attention and the incorporation of a much broader range of material than would otherwise be required in respect of an inter partes application (see Swift - Fortune and Franses v Al Assad [2007] EWHC 2442 (Ch), [2007] All ER (D) 415 (Oct) for illustrations of the lack of full and frank disclosure).

If a without notice injunction is sought the claimant has an onerous duty of full and frank disclosure of all material facts, including those which may harm its case.

For the claimants, who undoubtedly lost the opportunity of recovering anything under any subsequent award — the defendant was a «one ship» Panamanian company that had all but ceased to trade — the Swift - Fortune decision is an unforgiving reminder of the importance of making the right choice of forum, applying as soon as practicable and ensuring that the duty of full and frank disclosure is complied with.

The second was an action against Maroun and Cobra Hanna («Hanna») in relation to which the appellant claimed that the lawyers failed to take proper steps to enforce a payment agreement relating to a prior judgment against Hanna and failed to advise the appellant of the requirement to make full and frank disclosure when applying for a Mareva injunction, leading to the appellant having to accept an improvident settlement.

They consisted of a New Drug Submission («NDS») and a Supplementary New Drug Submission («SNDS») that contained full and frank disclosure of all knowledge and information that the appellant had about the asthma drug, including list of ingredients, details of manufacture, tests for potency, purity, stability and safety, and detailed safety tests.

If the element of privacy is removed the parties may be discouraged from providing full and frank disclosure, which would damage the process.

Furthermore, as was made clear in the case of Cooper - Hohn, the efficacy of financial proceedings in England and Wales depend on the parties providing full and frank disclosure which is usually made in the expectation that such disclosure will remain private.

«It is a well - established principle of our law that a party who seeks the extraordinary relief of an ex parte injunction must make full and frank disclosure of the case.

She emphasised «the parties» duty to make full and frank disclosure of all relevant information to one another and to the court.»

Both women argued that their ex-husbands had got away with giving them less on their divorce than they should have... because they had not provided the necessary full and frank disclosure required of them.

The Court also considered the obligation to make full and frank disclosure on without notice applications.

You're supposed to give your spouse full and frank disclosure, right?

A consent order is undermined if there has not been full and frank disclosure which is an ongoing duty that both parties have to the court.

Full and frank disclosure of all relevant facts is required — and if it is not given, any injunction may not stand.

If a party can satisfy the Livesey v Jenkins test [1985] AC 424, [1985] 1 All ER 106 to show that full and frank disclosure has not been made, the consent order may be set aside; The second is that capital orders are essentially binding and final unless a vitiating factor is shown.

• Each spouse is under an obligation to provide full and frank disclosure to the other of all relevant financial information.

The Court of Appeal also held that the Bank did not owe a duty of full and frank disclosure at the hearing before the Commercial Court, and whilst it was under a duty not deliberately to mislead the Court, it had not breached that duty.

As is well known, the without notice application requires full and frank disclosure from the applicant, and the court is astute to police breaches of the obligation.

Further, the duty to give full and frank disclosure remains until the proceedings are fully inter partes.

The court made clear that the first question is whether the order has been vitiated pursuant to contract law (ie, by mistake, misrepresentation, fraud, or undue influence) or by failure to provide full and frank disclosure.

«matrimonial cases were different from ordinary civil cases in that the binding effect of a settlement embodied in a consent order stems from the court's order and not from the prior agreement of the parties... in family proceedings there is always a duty of full and frank disclosure, whereas in civil proceedings this is not universal».

The recent case of Iman Said Abdul Aziz Al - Rawas v Pegasus Energy Limited [2008] EWHC 617 (QB), [2008] All ER (D) 102 (Apr) is an interesting example of how that compensation is calculated and how the failure by an applicant to give full and frank disclosure in a without notice application can affect the assessment of damages.

Because these orders are almost always sought without notice to the defendant, a plaintiff is required to make «full and frank disclosure» to the court, including the weaknesses in the plaintiff's case.

Charles J held that H had breached the duty of full and frank disclosure.

Having found that H had breached the duty to give full and frank disclosure, Charles J carried out the second stage of the exercise, examining whether or not the order made (based on the information disclosed to W and the court) would have been made had H disclosed the job negotiations.

«It's for you, darling though I've told them you are watching «Newsnight» but they say you're the duty judge so that's tough» Those who seek relief ex parte are under a duty to make full and frank disclosure.

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.

Both H and W relied on Livesey (formerly Jenkins) v Jenkins [1985] AC 424, [1985] 1 All ER 106 which is the leading authority on the existence of the duty of full and frank disclosure and the consequences of its breach when a consent order has been approved.

This occurs because the health care provider has a duty to his or her patients to communicate information to enable a patient to make an intelligent and informed choice after a full and frank disclosure of the material risks and benefits regarding a proposed course of medical treatment.

One key area where the SFO has sought to redress the balance in its favour is legal professional privilege (LPP): a long - established legal principle which ensures that communications between clients and their lawyers remain confidential, facilitating the frank disclosure of information between them.

Again, frank disclosure might have raised some partisan stink, but possibly nothing that would lead to a full - fledged federal investigation, if the actual contacts were not of a nefarious nature.

«The president has not addressed the questions on the lips of all Nigerians, as to make full and frank disclosures, on the nature of his ailment, that took him out of Nigeria for 103 days, the state of his health presently, and the nature of his treatment, so as to engender hope in this regime and bring certainty to governance.

Not exact matches

The Court then went on to say that «the disclosure of such legal advice, which was preparatory and internal and drawn up for the purpose of political dialogue between the institution and representatives of a Member State and a third state would have actually undermined, in a foreseeable manner, the Commission's interest in seeking and receiving frank, objective and comprehensive advice from its various department in order to prepare its final position as an institution, in an area of certain high political sensitivity, and in a context of urgency in order to address a delicate migration situation» (para 93).

Spouses must provide full and frank financial disclosure before agreeing to the value and method of the equalization payment, or risk having the agreement scrutinized and invalidated by a court in the future.

A consent order can be vitiated if it can be established that there has been misrepresentation, mistake, breach of the duty of full, frank and clear disclosure, fraud or undue influence.

If you do opt to write your own separation agreement, it is essential that both parties seek independent legal advice from a lawyer and that you exchange full and frank financial disclosure prior to signing.

Amicable Negotiation The parties agree that, both during and after the performance of their responsibilities under this Agreement, each of them shall make bona fide efforts to resolve any disputes arising between them by amicable negotiations and provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate those negotiations.

They play a vital role in the collaborative process by ensuring that clients provide full and frank financial disclosure.

All parties in a divorce are under a duty to provide «full and frank» disclosure.

From court actions to separation agreements and even when parties are simply signing a marriage contract, they need to exchange full and frank financial disclosure.

Full, frank financial disclosure is one of the most crucial — and contentious — aspects of spousal separation, Toronto - area family lawyer Andrew Feldstein says on a recent... Read more

«The best practice in issues that are not deemed within the seller's disclosure law is to have a frank discussion with the seller and encourage them to do what would be reasonable if they were the purchasers,» says Annie Hanna Engel, chief legal counsel for Howard Hanna Real Estate Services.