Suzanne Kingston, Rachael Kelsey and Geoff Wilson look at developments in arbitration in England and Wales, Scotland and Australia together with tables on arbitration schemes around the world Many countries have statutory provision for family law arbitration schemes and even those that don’t have a statutory scheme have given careful thought to arbitration. In 2012 …
Continue reading "Global arbitration: Right place, right time?"
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James Sheedy looks at enforcing judgments against discretionary beneficiaries in Jersey The decision in Kea Investments is simply that a judgment creditor cannot take a shortcut to asset recovery by way of an arrêt. The Royal Court of Jersey has held in Kea Investments Ltd v Watson [2021] that it is not possible for a judgment …
Continue reading "Offshore: No joy for judgment creditors"
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Jemma Pollock examines the decision in DN v UD and asks whether the boundaries for when provision may be made for a child age 18 or over have been pushed too far The court concluded that if an application under Sch 1 is made before the child is 18, the court acquires jurisdiction and retains …
Continue reading "Schedule 1: Outside the lines?"
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Claire Blakemore and Jemma Thomas explore how the courts consider assets held in trust upon divorce ‘The cases provide helpful insights into how trust structures will be viewed on divorce, so that we can discern tips and practice points on creating and managing trusts most effectively.’ The court’s approach to assets held in trusts seems …
Continue reading "Family and trusts: Forewarned is forearmed"
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Harry Sheehan analyses the recent Supreme Court decision of Vedanta ‘A parent company may not only be directly liable for harm caused as a result of flawed policies or systems it has designed, but also by a failure properly to implement and enforce policies or systems it has designed even when they are not flawed.’ …
Continue reading "Negligence: Developments in parent company liability"
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Dean Monk examines the case of Rossendale, a Court of Appeal decision approving steps taken by property owners to mitigate their business rates liability ‘While the Supreme Court was unanimous on the “evasion” principle, it was divided on whether the principle could be expanded in the future. The billing authorities sought to exploit this by …
Continue reading "Business rates: Relief for the owners of empty properties"
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Oliver Auld gives the lowdown on what happens to trusts in the event of a divorce ‘Trustees need to be aware of not only the range of orders the family courts can make in relation to trust assets, but also the strategies they should potentially be adopting in the best interest of their beneficiaries, both …
Continue reading "Divorce: A matter of trust"
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Ruth Kearns considers the creation of corporate structures in other jurisdictions to frustrate the enforcement of a financial remedy final order ‘Historical terms such as ‘‘façade’’ and ‘‘sham’’ in fact refer respectively to two separate and distinct principles: the ‘‘concealment principle’’ and the ‘‘evasion principle”.’ It is essential that the parties have confidence that remedies …
Continue reading "Enforcement: Out of reach"
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Wills & Trusts Law Reports | Summer 2018 #172The claimant was the sole corporate trustee of a trust created by a deed of settlement dated 5 November 1963 and made by a settlor for the benefit of his four children and their respective spouses and descendants. The defendants were two of the settlor’s surviving children, the widows of two deceased children and descendants to the
fourth generation. As a result of deeds of appointment made on 28 March 1979 and
31 December 1982, each of the settlor’s four children became entitled to a life interest in their respective one-quarter shares of the trust fund, with reversionary life interes...
