Wills & Trusts Law Reports | September 2016 #162This was a referral to the Privy Council under s4 of the Judicial Committee Act 1833, under which the Queen can refer matters to the Judicial Committee of the Privy Council for advice. On this reference, the Privy Council was asked to advise as to (i) who was entitled to be entered on the Official Roll of the Baronetage as the Baronet of Pringle of Stichill; and (ii) whether DNA evidence resulting from the obtaining of a DNA sample from the tenth baronet (Sir Steuart Robert Pringle) in late 2009 or early 2010 should be admitted in order to determine the first question.<...
Kirstie Law outlines the background in Prest v Prest and the issues before the recent appeal in the Supreme Court In family cases, there is no arm’s length dealing and, if a spouse is able to hide assets behind a corporate structure, a just outcome in financial remedy proceedings may be impossible to obtain. Family …
Continue reading "Financial Provision: Predictions on Prest"
This post is only available to members.
Kathryn Britten and Annette Barker set out the role of the forensic accountant in analysing financial information ‘The days of a forensic accountant being appointed as an expert witness solely to opine on one or both of the parties’ financial positions at the trial stage are long gone.’ While the world’s economic landscape is ever-changing, …
Continue reading "Forensic Accountancy: Family fortunes"
This post is only available to members.
Caitlin Jenkins asks the question ‘does non-disclosure pay?’ ‘This case highlights the tension between the clear and accepted need to ensure litigants in person are dealt with fairly by the family courts and the frustration, the delay and additional court time that such litigants in person often cause.’ The case of Hutchings-Whelan v Hutchings [2011] …
Continue reading "Disclosure: Playing it straight"
This post is only available to members.
Claire Lawson looks at the new injunction provisions set out in the Family Procedure Rules 2010 ‘The rules and accompanying practice directions in the Family Procedure Rules 2010 remain silent on the definition of an “interim injunction” and the circumstances in which such an order should be made.’ In ‘Protective measures’, FLJ 107, June 2011, …
Continue reading "FPR 2010: Interim measures"
This post is only available to members.
Julian Bremner analyses the impact of the treatment of pre-marriage assets on the courts’ approach ‘The court in K v L [2011] was at pains to point out that the recognition that one partner had made a greater financial contribution to the marriage than the other is not discriminative and, although superficial differences should not …
Continue reading "Pre-Marriage Assets: Modest standards"
This post is only available to members.
