Important judgment on freezing orders & ex parte orders commented on by David Partington – Sovereign Chambers

Posted July 19th, 2013 in divorce, freezing injunctions, news by sally

“Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.”

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Sovereign Chambers, 25th June 2013

Source: www.sovereignchambers.co.uk

Finance and Divorce Update – Family Law Week

“Jessica Craigs, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in June.”

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Family Law Week, 8th July 2013

Source: www.familylawweek.co.uk

Divorcing a bankrupt, Part II: where insolvency law meets financial remedies – Family Law Week

Posted July 3rd, 2013 in bankruptcy, divorce, financial provision, matrimonial home, news, pensions by sally

“Henry Clayton of 4 Paper Buildings outlines the consequences where a party to financial remedy proceedings becomes bankrupt after the making of a final order.”

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Family Law Week, 28th June 2013

Source: www.familylawweek.co.uk

Wife in £20m divorce rifled husband’s safe while he played golf – Daily Telegraph

Posted June 26th, 2013 in divorce, financial provision, freezing injunctions, news by sally

“A wife persuaded a court to freeze £20 million of her husband’s assets using papers she raided from his safe while he was out playing golf, a High Court judge has disclosed.”

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Daily Telegraph, 25th June 2013

Source: www.telegraph.co.uk

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Prest v Prest and others – WLR Daily

Prest v Prest and others [2013] UKSC 34; [2013] WLR (D) 237

“If a person was under an existing legal obligation or liability, or subject to an existing legal restriction, which he deliberately evaded or the enforcement he deliberately frustrated by interposing a company under his control, the court could ‘pierce the corporate veil’ but only for the purpose of depriving the company or its controller of the advantage which they would otherwise have obtained by the company’s separate legal personality.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Mother sues lawyer for £15m over ‘millions lost’ in divorce – Daily Telegraph

Posted June 19th, 2013 in company law, divorce, negligence, news, solicitors by sally

“A mother is suing her former solicitor for £15 million, claiming that his poor advice cost her millions of pounds in a divorce settlement.”

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Daily Telegraph, 18th June 2013

Source: www.telegraph.co.uk

Prest v Petrodel Resources Limited 2013 UKSC 34 a victory for common sense – article by Elizabeth Darlington – Zenith Chambers

“In summary, the Supreme Court (comprising Lords Neuberger, Walker, Mance, Clarke, Wilson, Sumption and Lady Hale) has unanimously upheld the wife’s appeal and found that the Respondent group of companies held the assets on trust for the Husband. The assets therefore constitute property to which the husband is ‘entitled, either in possession or reversion’ for the purposes of section 24(1)(a) MCA.”

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Zenith Chambers, 12th June 2013

Source: www.zenithchambers.co.uk

The Supreme Court grasps the nettle in Prest v Petrodel Resources Ltd – 11 Stone Buildings

“On 12th June 2013, the Supreme Court delivered judgment in the eagerly anticipated appeal in Prest v Petrodel Resources Limited [2013] UKSC 34. For the second time this year, the Supreme Court has had to grapple with the circumstances in which it is appropriate to pierce the corporate veil, the previous decision being that of VTB Capital plc v Nutritek International Corp [2013] 2 WLR 398 (a case in which a number of 11 SB members were involved). Unlike in VTB Capital, however, this time the Supreme Court grasped the nettle and gave some practical guidance as to the reach and limitations of the doctrine.”

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11 Stone Buildings, June 2013

Source: www.11sb.com

Stripping Away the Veil of Deceit: Prest v Petrodel – Family Law Week

Posted June 14th, 2013 in company law, divorce, financial provision, matrimonial home, news by sally

“John Wilson QC of 1 Hare Court analyses the Supreme Court’s judgment in the landmark case of Prest v Petrodel and considers its implications for family lawyers.”

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Family Law Week, 14th June 2013

Source: www.familylawweek.com

Legal advice on divorce prompts most legal complaints – BBC News

Posted June 13th, 2013 in complaints, divorce, legal ombudsman, news, reports by sally

“Divorce cases have prompted the most complaints about lawyers in the last year with individuals being urged to shop around for legal advice.”

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BBC News, 13th June 2013

Source: www.bbc.co.uk

Petrodel Resources Limited and others (Respondents) v Prest (Appellant) – Supreme Court

Posted June 13th, 2013 in company law, divorce, financial provision, law reports, Supreme Court by sally

Petrodel Resources Limited and others (Respondents) v Prest (Appellant) [2013] UKSC 34 | UKSC 2013/0004 (YouTube)

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme court chooses the ‘third way’ in Prest divorce case – The Guardian

“Lord Sumption’s ruling resolves the dilemma of enforcing the law and doing judgment.”

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The Guardian, 12th June 2013

Source: www.guardian.co.uk

Finance and Divorce update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in May.”

Full story

Family Law Week, 7th June 2013

Source: www.familylawweek.co.uk

Record rise in child custody cases before legal aid cuts – The Independent

Posted June 12th, 2013 in children, custody, dispute resolution, divorce, legal aid, news, statistics by sally

“A record number of child-custody cases were fought in court last month, in what experts believe may be a rush before cuts to legal aid start to bite.”

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The Independent, 11th June 2013

Source: www.independent.co.uk

Prest v Prest: supreme court prepares to rule on landmark divorce wrangle – The Guardian

“Does a one-man company metamorphose into one man simply because the person with a wish to abstract its assets is his wife?”

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The Guardian, 10th June 2013

Source: www.guardian.co.uk

Scuppering unscrupulous spouses – New Law Journal

Posted June 10th, 2013 in divorce, equity, family courts, financial provision, news, setting aside by sally

“What are the implications of a court setting aside a disposal made by a divorcing spouse to a third party? Anna Heenan & Ed Heaton report.”

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New Law Journal, 7th June 2013

Source: www.newlawjournal.co.uk

A fair split, or a ‘charter for cheats’? Supreme Court to rule in landmark divorce case – The Independent

“Millionaire businessmen will be able to ‘stick two fingers up’ at judges if the highest court in the land rules against a former wife in a high-profile divorce case this week, her lawyers said yesterday.”

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The Independent, 9th June 2013

Source: www.independent.co.uk

New mediation laws to help separating couples – Ministry of Justice

Posted June 6th, 2013 in arbitration, divorce, news by sally

“Separating couples will be legally required to find out about ways to settle disputes away from the courtroom, under new laws currently going through Parliament.”

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Ministry of Justice, 5th June 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Elena Ambrosiadou wins legal battle with ex-husband Martin Coward over software: They might be rich – but judge isn’t buying it in ‘toxic’ divorce – The Independent

Posted May 20th, 2013 in divorce, evidence, financial dispute resolution, news by sally

“Two hedge fund tycoons whose marriage ‘turned toxic’ were accused by a judge yesterday of giving ‘tainted’ evidence in their battle over the spoils of their failed relationship.”

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The Independent, 17th May 2013

Source: www.independent.co.uk

Divorcee keeps £100,000 pension overpayment in ‘David v Goliath’ victory – Daily Telegraph

Posted May 15th, 2013 in divorce, maladministration, news, ombudsmen, pensions by sally

“A woman who received almost £100,000 too much from a pension company will keep the money, an ombudsman has decided.”

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Daily Telegraph, 14th May 2013

Source: www.telegraph.co.uk