Wills & Trusts Law Reports | November 2016 #164The parties were siblings who jointly owned 502 items of 17th century Chinese porcelain gifted to them by their father between 1987 and 1993 (the Butler Family Collection (the BFC)).
In 2012 the defendants and their father formed a partnership to own and merchandise another 208 such items (formerly owned by their father).
After their father’s death disagreement arose as to what should become of the BFC. The claimants sought to have it distributed. The defendants wished to keep it in tact and made available for scholarly study and exhibition and to exploit certain items comm...
Patricia Robinson highlights the pitfalls of failing to address the division of chattels and outlines the courts’ approach to achieving fairness ‘Where there are issues in relation to chattels between a married couple or civil partners, ss23-24, Matrimonial Causes Act 1973 or Schedule 5 Parts 1 and 2 to the Civil Partnership Act 2004 are …
Continue reading "Chattels: The deal breaker?"
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Andrew Meehan considers the courts’ approach to privacy in ancillary relief proceedings ‘There is no public policy objection to parties opting for an arbitrator, taking cases out of the court system by way of alternative dispute resolution, collaborative practice or non-binding arbitration in order to preserve privacy.’ The Court of Appeal recently considered, in Lykiardopulo …
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