financial dispute resolution – Page 6 – Current Awareness

FCA New Approach to Claims Management Regulation – St Pauls Chambers

Posted December 4th, 2019 in claims management, financial dispute resolution, financial regulation, news, ombudsmen by sally

‘In April 2019, the FCA (Financial Conduct Authority) became the new regulator of Claims Management businesses (CMCs). At the same time, the Financial Ombudsman Service became responsible for resolving customer disputes about CMSs. In June 2018, the FCA issued a consultation paper (CP 18/15) which proposed a new Claims Management: Conduct of Business Sourcebook [CMCOB] and to apply relevant parts of the existing FCA Handbook.’

St Pauls Chambers, 28th November 2019

Source: www.stpaulschambers.com

Contract administration and notice provisions: mere procedure or condition precedent – Practical Law: Construction Blog

Posted November 29th, 2019 in charterparties, construction industry, contracts, financial dispute resolution, news, notification, time limits by tracey

‘Recent decisions considering time bars and notification provisions have generated considerable commentary and discussion over the last few months. One of these is Boskalis Offshore Marine Contractive BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”) which concerned notification provisions in a payment clause and the timely challenge of disputed invoices before they were due for payment.’

Practical Law: Construction Blog, 26th November 2019

Source: constructionblog.practicallaw.com

Former model must lose £2.2m inheritance from Swiss banker boyfriend, court rules – Daily Telegraph

Posted November 29th, 2019 in bereavement, children, costs, families, financial dispute resolution, news, Supreme Court by tracey

‘Aformer model must lose the £2.2m inheritance from her Swiss banker boyfriend, the Court of Appeal has ruled, and instead give it back to his children.’

Daily Telegraph, 28th November 2019

Source: www.telegraph.co.uk

J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd [1] – No. 5 Chambers

Posted October 30th, 2019 in enforcement, financial dispute resolution, news by sally

‘Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice. The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach of natural justice has occurred, it is necessary to establish that the breach is more than peripheral; it must be material.’

No. 5 Chambers, 7th October 2019

Source: www.no5.com

Wife fails to overturn financial award made in arbitration – Family Law

Posted October 28th, 2019 in appeals, arbitration, divorce, families, family courts, financial dispute resolution, news by tracey

‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’

Family Law, 23rd October 2019

Source: www.familylaw.co.uk

Financial Remedy & Divorce Update, October 2019 – Family Law Week

Posted October 11th, 2019 in divorce, families, family courts, fees, financial dispute resolution, financial provision, news, statistics by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’

Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk

Capitalised maintenance: a court-free solution? – Family Law

Posted October 3rd, 2019 in dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’

Family Law, 2nd October 2019

Source: www.familylaw.co.uk

Service by Whatsapp? – Family Law

Posted September 9th, 2019 in cohabitation, financial dispute resolution, foreign jurisdictions, news, service out of jurisdiction, telecommunications by tracey

‘In a recent dispute between cohabitees, the court has upheld an order that a claim form could be served on a defendant out of the jurisdiction by way of a Whatsapp message.’

Family Law, 4th September 2019

Source: www.familylaw.co.uk

Battle between stepsisters in ‘who died first’ dispute comes to an end – Family Law

Posted September 9th, 2019 in bereavement, families, financial dispute resolution, intestacy, news, wills by tracey

‘The “Commorientes Rule” is (meaning “simultaneous deaths”) found in Section 184 of the Law of Property Act 1925. This rule states that if two or more people die in circumstances where it is not possible to determine who died first, the younger is deemed to survive the elder.’

Family Law, 6th September 2019

Source: www.familylaw.co.uk

Financial Remedy Update, September 2019 – Family Law Week

Posted September 9th, 2019 in appeals, bills, civil procedure rules, cohabitation, divorce, families, financial dispute resolution, financial provision, news, pensions, reasons, statistics, taxation by tracey

‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’

Family Law Week, 6th September 2019

Source: www.familylawweek.co.uk

Appeal allows stand-still agreement on claim 17 months out of time – Law Society’s Gazette

Posted August 1st, 2019 in appeals, bereavement, delay, families, financial dispute resolution, news, time limits, wills by tracey

‘The Court of Appeal has overturned a decision to throw out a widow’s delayed application to claim from her late husband’s estate.’

Law Society's Gazette, 1st August 2019

Source: www.lawgazette.co.uk

The Pension Advisory Group’s final report: reviewing a paradigm shift in pensions practice – Family Law Week

Posted August 1st, 2019 in divorce, families, financial dispute resolution, financial provision, news, pensions by tracey

‘Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.’

Family Law Week, 28th July 2019

Source: www.familylawweek.co.uk

Divorcee granted injunction against ex-husband’s holding company – OUT-LAW.com

Posted July 26th, 2019 in company directors, contempt of court, divorce, enforcement, families, financial dispute resolution, injunctions, news by tracey

‘he High Court in England has granted an injunction against the holding company to which a wealthy Russian businessman transferred ownership of a luxury yacht in order to avoid enforcement of a £500 million divorce settlement, preventing the company from moving the yacht from where it is docked in Dubai.’

OUT-LAW.com, 24th July 2019

Source: www.pinsentmasons.com

Woman wins right to late partner’s military pension in landmark ruling – BBC News

Posted July 18th, 2019 in appeals, armed forces, bereavement, cohabitation, divorce, equality, financial dispute resolution, human rights, married persons, news, pensions, widows by tracey

‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’

BBC News, 17th July 2019

Source: www.bbc.co.uk

Businessman was forced to live in a pigsty after he accused his partner of affair, court hears – Daily Telegraph

Posted June 20th, 2019 in compensation, divorce, families, financial dispute resolution, housing, news, rent by tracey

‘A businessman was forced to live in a pigsty after he accused his ex partner of having an affair, a court has heard.

The pigsty was in the grounds of the £1m home in Upminster, Essex, and he told Central London County Court that his ex partner of 37 years excluded him from the house.
The couple, who have two children, ended up in court after he launched a claim to claim money from her for the time he spent living out of the home.’

Daily Telegraph, 19th June 2019

Source: www.telegraph.co.uk

Financial Remedy & Divorce Update, May 2019 – Family Law Week

Posted May 20th, 2019 in divorce, families, financial dispute resolution, news, pensions, reasons by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.’

Family Law Week, 14th May 2019

Source: www.familylawweek.co.uk

Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List – Courts and Tribunals Judiciary

Posted May 8th, 2019 in brexit, financial dispute resolution, judges, judiciary, jurisdiction, London, speeches by tracey

‘Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List.’

Courts and Tribunals Judiciary, 7th May 2019

Source: www.judiciary.uk

Private Lives and Public Sorrows – Family Law Week

Posted May 1st, 2019 in anonymity, appeals, children, civil partnerships, divorce, families, financial dispute resolution, financial provision, freedom of expression, human rights, marriage, media, news, privacy, reporting restrictions by tracey

‘Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act.’

Family Law Week, 30th April 2019

Source: www.familylawweek.co.uk

Paying for privacy? – Family Law

Posted April 16th, 2019 in anonymity, appeals, children, divorce, families, financial dispute resolution, financial provision, human rights, news, privacy, public interest, reporting restrictions by tracey

‘Stuart Clark, partner at The International Family Law Group LLP examines a recent Court of Appeal decision on privacy in family law cases and asks whether in practice anonymity is the preserve of only the very wealthy.’

Family Law, 16th April 2019

Source: www.familylaw.co.uk

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