Cate Maguire looks at how the Barder principle has been applied in cases involving ‘known unknowns’ Neither of the decisions in S v T and HW v WW represent a restriction or characterisation of the Barder principle, but rather affirmation of its exceptionality, even in these most unusual times. The family courts have recently had …
Continue reading "Barder: Exceptional and rare"
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Ellie Foster looks at the potential ramifications of the Covid-19 pandemic and the likelihood of a successful application based on Barder There have been pandemics historically but does the immediate and ongoing impact on the global economy of Covid-19 put the 2008 crisis in the shade such that its scale could never have been foreseen? …
Continue reading "Financial provision: A long shot"
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Chrissie Cuming Walters highlights the dichotomy of modern family law on financial provision: autonomy versus paternalism ‘The fairness of provision in any nuptial agreement entered into is likely to erode over time and potentially be subsumed by changing circumstances through the passage of time, allowing for an increased use of paternalism.’ Many practitioners would agree …
Continue reading "In practice: Conflicting views"
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Camilla Thornton examines case law post-Radmacher where a party has sought to overturn the terms of a nuptial agreement ‘Only in cases where the parties’ circumstances have changed in a way that was not anticipated will the courts look carefully at the fairness of justifying a pre-nuptial agreement entered into some time ago.’ It has …
Continue reading "Pre-Nuptials: No excuses"
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Nicky Howarth and Hayley Trim look at whether an application for specific performance is appropriate on an interim agreement ‘Practitioners should be astute to the fact that agreements reached in advance of overall financial remedy claims being settled may well of themselves be contractually enforceable.’Family lawyers will be familiar with the principle that agreements reached …
Continue reading "Marital Agreements: Interim measures"
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In the conclusion to a two-part analysis Che Meakins looks at Xydhias agreements and the procedure to be adopted on a notice to show cause ‘The only way of rendering an agreement enforceable is to convert the concluded agreement into an order of the court. In this respect, the court’s role is not simply to …
Continue reading "Marital Agreements: No second chances?"
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In the first of a two-part analysis Che Meakins discusses different types of agreements between parties in family proceedings and their impact ‘Unless there are “compelling reasons to the contrary”, an agreement should be given effect to where it is freely entered into by both parties.’ The rise of alternative dispute resolution methods may make …
Continue reading "Marital Agreements: Final word"
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Helen Cort examines the nature of without prejudice communications, competing public interests and privilege in ADR It appears that while mediation involving children matters does attract special protection, there is not a blanket exemption covering all mediation. Family lawyers will be familiar with without prejudice communications, but how often is a query raised as to …
Continue reading "In Practice: Always a privilege?"
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Claire Glaister sets out the courts’ approach where parties disagree as to whether a concluded financial agreement has been reached In every case, the court must exercise its independent discretionary review. An agreement reached between two parties in compliance with certain requirements will carry significant weight when the court is considering a claim for financial …
Continue reading "Agreements: Reaching conclusions"
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Wills & Trusts Law Reports | September 2012 #122Anthony Morris (Mr Morris) orchestrated a series of frauds between August 2007 and April 2008 by which £52m was misappropriated from various occupational pension schemes by their trustees, GP Noble Trustees Ltd and BDC Trustees Ltd. The appellant was Independent Trustee Services Ltd (ITS), which had been appointed as trustee of the 1653 pension schemes by the Pensions Regulator in July 2008. Mr Morris was found liable in dishonest assistance for £52m and in knowing receipt for £4.89m by Peter Smith J in July 2010 ([2010] EWHC 1653 (Ch)) (the chancery action).
Mr Morris had married...
