Litigation Funding – A Brief Overview

Funding family law litigation is a complex process. It should be seen in the context of most family law proceedings operating on the basis of each party paying their own legal costs, with costs orders rarely being available save for litigation misconduct.…

• Journal

• Tony Roe

!27/03/2023 09:49

Fair Shares? Sorting Out Money and Property on Divorce

For the 100,000 couples who divorce annually in England and Wales, the financial arrangements they make can determine the future standard of living that they and their children will have. Yet, only a third of them use the legal system to reach a financial settlement, with the remaining two-thirds negotiating their own arrangements or, worse, reaching no settlement at all. Despite numerous calls to reform the law on this issue, very little is known about the detail of how couples negotiate settlements, or of how these work out.

• Journal

• divorce
• Property

• Emma Hitchings
• Caroline Bryson
• Professor Gillian Douglas
• Dr Susan Purdon
• Dr Jenny Birchall

!27/03/2023 09:45

An Overview of the Benefits System

Lloyd George, determined to ‘lift the shadow of the workhouse from the homes of the poor’, sought to provide a guaranteed income to the old and infirm.All wage-earners contributed to a health scheme, in return for benefits.Sounds simple. But w…

• Journal

• Means Tested
• Universal Credit
• Welfare Benefits
• Non-Means Tested

• DJ Debbie Stringer
• Ian Besford

!27/03/2023 09:44

The Interplay Between Welfare Benefits and Financial Remedy Orders – A Practitioner’s View

It is now 10 years since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force. Reflecting back, the obvious impact on my firm’s practice has been the reduction in the number of financial remedy cases we deal with wh…

• Journal

• State Benefits
• Low Income Cases
• Universal Credit

• Lucy Mead

!27/03/2023 09:41

The Impact of LASPO on Access to Justice – A View from Law for Life

This year will see the 10th anniversary of the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).In 2017, the Law Society reviewed the impact of the changes introduced in 2013 and found:legal aid is no longer availab…

• Journal

• Law for Life
• Access to Justice
• Litigants in Person
• LASPO
• Advicenow
• Legal Information

• Beth Kirkland

!27/03/2023 09:40

Ten Years on from LASPO – An On-the-Ground Perspective from Support Through Court

We empower litigants in personEvery year, thousands of people in the United Kingdom face court alone. Often through no choice of their own, they must represent themselves at a moment that could determine the rest of their life. They may face divorce, evic…

• Journal

• Esther Elshen

!27/03/2023 09:30

Reflections on Being a LASPO Reviewer for Advocate

I became a reviewer for Advocate, then the Bar Pro Bono Unit, within days of the advent of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Earlier in my career in 2002, Martin Pointer KC and I had launched a full-scale assault on H…

• Journal

• Justin Warshaw KC

!27/03/2023 09:29

Depletion of Business Profits and Assets During Separation and Divorce Proceedings – Would it Have Happened Anyway?

This article is written from the perspective of the business valuation expert. We often see business profits and assets deplete over the period of separation and during divorce proceedings. The question is to what extent this can/could have been controlled by the business owner (and usually shareholder/director in owner-managed businesses) and what was due to circumstances outside their control. Would the depletion of assets and profits have happened anyway if not for the divorce?

• Journal

• Disclosure
• divorce
• Experts
• Business Valuation
• Assets
• Valuations

• Hollie Edwards-Davies

!27/03/2023 09:17

Clarke v Clarke – A Brave New (Valuation) World

Business valuers are often asked to estimate the value of interests in companies that do not represent the entirety of the company’s share capital. In those cases, the application of an appropriate valuation discount, which accurately reflects the attributes of a subject shareholding can be both a contentious and material issue, with the size (and application) of the assessed discount potentially having a large effect on the overall valuation of an individual’s interest.

• Journal

• Experts
• Discounts
• SJE
• Valuations
• Forensic Accountants

• Thomas Rodwell

!27/03/2023 09:16

Pensions on Divorce – Lifetime Allowance Tax Issues

A favourite film of one of the authors is Apollo 13. At one point, whilst trying to work out what had to happen to get the ill-fated space craft home, Commander Jim Lovell said: ‘All right, there’s a thousand things that have to happen in orde…

• Journal

• Pensions on Divorce
• Lifetime Allowance Tax
• HMRC Protection
• LTA

• George Mathieson
• Peter Turnbull

!27/03/2023 09:14