Sentences with phrase «post-approved ancillary relief»

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.»

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

Ancillary relief practitioners should be aware of the existence of companies providing these documents, and the possibility that a given document is not the real thing.

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.

On 1 June 2007, say, the net value of the former matrimonial home of a couple, now before the court on an ancillary relief application, is # 200,000.

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.

In all likelihood the use of false documents in ancillary relief proceedings is relatively small.

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.

This will raise alarm bells in the mind of every ancillary relief practitioner.

In his latest blog, View from the President's Chambers, Munby P said only a minority of divorces give rise to a money claim, and the concentration of divorce cases in a limited number of regional divorce centres was putting the administration of ancillary relief under «unnecessary and avoidable strains».

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.

And look, no application to compromise Soulsby concerned an agreement post-approved ancillary relief order.

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.

The fact that she did so following a contested ancillary relief application and on the basis that all her ancillary relief claims were dismissed makes no difference; or it made no difference here, because her claims were of no real value in the light of H's insolvency.

That case is reported under the title K v L (Ancillary Relief: Inherited Wealth)[2010] EWHC 1234 (Fam), [2010] 2 FLR 1467.

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.

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

Its logic may prove to be indicative of harder times blowing in favour of creditors trustees against the family; or an appellate court may find that a decision in the ancillary relief jurisdiction overrides s 339.

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

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.

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.

Even though children are often inextricably linked to ancillary relief proceedings, this is not reason enough to exclude the media.

The parties (both of whom are in the public eye) made a joint application to exclude the media from ancillary relief proceedings.

The courts have jurisdiction to grant an injunction in appropriate ancillary relief cases, including a blanket injunction preventing any publication.

The housing needs of a child can not be «governed by some notion of res judicata in any formal sense»; and that the settlement in the ancillary relief proceedings is no more than part of the background to ChA 1989 proceedings.

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

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

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.

The «routine» ancillary relief claim, involving net assets of about # 1.3 m, followed a 20 - year marriage.

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.

However, the court held that there was no «compromise» of an ancillary relief application — the parties had divorced many years before and a final order had been handed down at the conclusion of those proceedings.»

The divorce decree is a nullity and any orders made by the county courts since transfer be they by way of custody, ancillary relief or otherwise are equally worthless.

In ancillary relief proceedings, H and W reached an agreement at the FDR (on 20 July 2006) and the court approved the terms of that agreement.

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.

The original ancillary relief proceedings were heard in June 2001 following the parties» 11 - year marriage.

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.

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.

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

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.

He said today that the state of the law is «chaotic», and added: «To say that the law about the ability of the press to report ancillary relief proceedings which they are allowed to observe is a mess would be a serious understatement.»

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.

He regularly appears in public law care cases on behalf of parents, local authorities and guardians, in private law proceedings (including domestic violence injunctions) and in financial disputes (ancillary relief proceedings, trusts of land applications, Inheritance Act applications and Schedule 1 Children Act proceedings etc).

Financial claims under Sch 1 of the Children Act 1989 are likely to be brought into procedural line with ancillary relief applications at some time in the future.

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.»

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.