financial dispute resolution – Page 4 – Current Awareness

Beware of issuing ‘hopeless’ Inheritance claims in expectation of settlement – St Ives Chambers

Posted July 8th, 2020 in chambers articles, costs, families, financial dispute resolution, financial provision, news, wills by sally

‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’

St Ives Chambers, 3rd July 2020

Source: www.stiveschambers.co.uk

M v M – more than just costs by Nick Power – Broadway House Chambers

Posted June 15th, 2020 in chambers articles, costs, families, financial dispute resolution, news, third parties by sally

‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’

Broadway House Chambers, 10th June 2020

Source: broadwayhouse.co.uk

Pensions in Needs-Based Financial Remedy Proceedings – Becket Chambers

Posted June 15th, 2020 in chambers articles, divorce, families, financial dispute resolution, financial provision, news by sally

‘The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report, “A Guide to the Treatment of Pensions on Divorce” in July 2019. It was a much-welcomed publication that provided definitive guidance on the approach to pensions in financial remedy proceedings.’

Becket Chamber, 11th June 2020

Source: becket-chambers.co.uk

Law firm defeats broker’s claim for £100k introducer fee – Legal Futures

Posted April 14th, 2020 in fees, financial dispute resolution, law firms, loans, news by sally

‘A Liverpool law firm has defeated the claim of a finance broker who sought a £100,000 fee for introducing it to a new loan provider.’

Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Divorce bill must not overlook pensions – Society – Law Society’s Gazette

Posted March 18th, 2020 in bills, divorce, families, financial dispute resolution, financial provision, Law Society, news, pensions by sally

‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’

Law Society's Gazette, 17th March 2020

Source: www.lawgazette.co.uk

Financial Remedies Courts – Law Society’s Gazette

Posted February 24th, 2020 in codes of practice, families, family courts, financial dispute resolution, financial provision, news by sally

‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’

Law Society's Gazette, 24th February 2020

Source: www.lawgazette.co.uk

Divorcee sues top law firm after taking out ‘crippling’ loan to pay for legal fight with husband – Daily Telegraph

Posted January 20th, 2020 in compensation, divorce, families, fees, financial dispute resolution, financial provision, law firms, loans, negligence, news by sally

‘A businesswoman who wrongly believed she would win a substantial divorce settlement from her wealthy husband is suing a top law firm after taking out a crippling loan to pay their fees.’

Daily Telegraph, 18th January 2020

Source: www.telegraph.co.uk

‘Unwanted’ son wins £125k slice of father’s fortune at High Court, after judge rules he was misled over parent’s favouritism – Daily Telegraph

Posted December 13th, 2019 in families, financial dispute resolution, news, wills by sally

‘A pensioner who was cut out of his father’s £2.4m will because he was an “unwanted war baby” has won his fight for a slice of the family fortune.’

Daily Telegraph, 12th December 2019

Source: www.telegraph.co.uk

Resolving intractable disputes: best practice – New Law Journal

Posted December 5th, 2019 in dispute resolution, enforcement, financial dispute resolution, news, stay of proceedings by sally

‘Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing.’

New Law Journal, 27th November 2019

Source: www.newlawjournal.co.uk

Partner “too embarrassed” to tell clients truth is struck off – Legal Futures

Posted December 5th, 2019 in deceit, disciplinary procedures, executors, financial dispute resolution, licensing, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A partner who misled beneficiaries about the progress of a case to resolve a dispute over estate assets and then found himself “too embarrassed” to tell them the truth has been struck off.’

Legal Futures, 5th December 2019

Source: www.legalfutures.co.uk

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

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