Index Linking Periodical Payments – Family Law Week

Posted December 1st, 2017 in indexation, news, periodical payments by tracey

‘Andrew Campbell, barrister, Queen Elizabeth Building, analyses the impact of indexation on periodical payment awards with illuminating practical examples showing why this aspect of the award can make a material difference to the payer and the payee.’

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Family Law Week, 24th November 2017

Source: www.familylawweek.co.uk

PPO first as insurer agrees to cover future cost of mesothelioma treatment – Litigation Futures

‘Solicitors for a man suffering from mesothelioma have claimed a first by securing an agreement with the defendant insurers to cover the future costs of his cancer treatment, no matter the amount or length.’

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Litigation Futures, 24th October 2017

Source: www.litigationfutures.com

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted October 20th, 2017 in damages, indexation, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggeredmany more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after theissue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014 and 2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 29th September 2017

Source: www.byromstreet.com

Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Finance and Divorce Update April 2017 – Family Law Week

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by tracey

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Men ‘bullied’ out of generous divorce settlements by breadwinning wives – Daily Telegraph

‘Men are being awarded more generous divorce payouts with some also receiving ongoing payments from their ex-wives, lawyers say.’

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Daily Telegraph, 4th February 2017

Source: www.telegraph.co.uk

Divorces are skewed by judges’ outdated chivalry, says female peer pushing for cap on payments – Daily Telegraph

‘Judges are labouring under antiquated notions of chivalry in awarding women maintenance payments which extend years into the future, despite the fact that many divorcees go on to earn good salaries on their own, says a leading female peer.’

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Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

DB v PB: a reminder of potential effect of maintenance agreements – Family Law Week

‘Michael Allum, Solicitor with The International Family Law Group LLP, considers the implications of maintenance agreements in financial remedies cases.’

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Family Law Week, 3rd February 2017

Source: www.familylawweek.co.uk

Court orders man to increase payments to wife who lost bulk of divorce settlement with ‘poor financial decisions’ – Daily Telegraph

Posted February 7th, 2017 in appeals, debts, financial provision, news, periodical payments by sally

‘A wife who lost the bulk of her divorce settlement by making “poor financial decisions” has been awarded larger monthly payments from her ex-husband despite calls from his lawyer for maintenance limits to reflect “social change”.’

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Daily Telegraph, 6th February 2017

Source: www.telegraph.co.uk

Finance and Divorce Update September 2016 – Family Law Week

Posted September 15th, 2016 in appeals, divorce, fees, financial provision, news, pensions, periodical payments by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during August 2016.’

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Family Law Week, 9th September 2016

Source: www.familylawweek.co.uk

Finance & Divorce Update June 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during May 2016.’

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Family Law Week, 3rd June 2016

Source: www.familylawweek.co.uk

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted June 2nd, 2016 in compensation, damages, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after the issue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014/2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

Full story

Byrom Street Chambers, 24th May 2016

Source: www.byromstreet.com

What next for “stepped” periodical payments orders? – Tanfield Chambers

Posted March 22nd, 2016 in appeals, divorce, education, financial provision, news, periodical payments by sally

‘The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of Aburn v Aburn [2016] EWCA Civ 72. So, what are the implications for automatic variations in periodical payments? Practitioners and Judges alike will be familiar with the concept of stepped periodical payments. However, the commonplace order will be for periodical payments to be stepped downwards based upon either particular trigger events (such as children reaching their majority, a payment of a lump sum order) or after a specific period of time during which it is judged that the recipient of the periodical payments can, or ought to, have taken steps to increase their earning capacity. Given the commonplace nature of these orders, it is perhaps understandable that a deputy district judge (DDJ) presiding over the final hearing of the financial remedies application of Mrs Aburn (and then a Circuit Judge hearing the appeal thereafter) thought perhaps an order “stepping up” periodical payments upon a particular trigger event was a clever solution, thereby falling into what we now know was an error of law and an impermissible exercise of his judicial discretion. ‘

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Tanfield Chambers, 1st March 2016

Source: www.tanfieldchambers.co.uk

Schedule 1 – Child Maintenance – Tanfield Chambers

Posted March 19th, 2015 in child support, news, periodical payments, regulations by sally

‘S 8 of the Child Support Act 1991 (CSA 1991) circumscribes the role of the courts in deciding child maintenance. This act trumps the provisions in the MCA 1973 and Children Act 1989 s 15 / Schedule l save in certain circumstances (e.g. where an existing maintenance order has been made less than one year earlier – s 4 (10) (aa) CSA 1991). The combined effect of s10 CSA 1991 and § 3 (1) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (SI 1992/2645) is that from the effective date of a maintenance calculation made pursuant to CSA 1991, any existing court order ceases to have effect.’

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Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

Finance & Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from December 2014.’

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Family Law Week, 23rd January 2015

Source: www.familylawweek.co.uk

In re A (A Child) (Financial Provision) – WLR Daily

Posted December 18th, 2014 in appeals, children, financial provision, law reports, periodical payments by sally

In re A (A Child) (Financial Provision) [2014] EWCA Civ 1577; [2014] WLR (D) 529

‘The “millionaire’s defence” survived to some degree when the court was determining the appropriate financial provision for the illegitimate child of a father of very great wealth. Accordingly it was not appropriate to contend for a “fair proportion” of the wealth when seeking to determine a sum representing the reasonable needs of the child for the purposes of Schedule 1 to the Children Act 1989.’

WLR Daily, 10th December 2014

Source: www.iclr.co.uk

Clean Break Orders and Spousal Maintenance: where are we now? – Family Law Week

Posted May 6th, 2014 in divorce, financial provision, news, periodical payments by tracey

‘Liz Cowell, principal lawyer with Slater & Gordon analyses the case law and trends emerging from case law regarding clean breaks and termination of spousal periodical payments orders.’

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Family Law Week, 30th April 2014

Sorce: www.familylawweek.co.uk

Bankers’ Bonuses – how the divorce capital of the world treats the rewards reaped from the financial capital of Europe – Family Law Week

Posted April 17th, 2014 in banking, divorce, financial provision, news, periodical payments, remuneration by tracey

‘Lois Rogers, solicitor at Vardags, and Lily Mottahedan, barrister at 1 Hare Court, examine the court’s treatment of bonuses in financial remedy claims in light of the recent decision of Mrs Justice Eleanor King in H v W [2014] EWHC 4105 (Fam) and pre-existing case law.’

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Family Law Week, 17th April 2014

Source: www.familylawweek.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