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

• Low Income Cases
• Universal Credit
• State Benefits

• 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

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

• 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

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

• 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

• SJE
• Valuations
• Forensic Accountants
• Experts
• Discounts

• 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

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

• George Mathieson
• Peter Turnbull

!27/03/2023 09:14

Looking Back at Duxbury 30 Years On

The Duxbury formula seeks to ascertain a capital amount which if invested to achieve capital growth and income yield (both at assumed rates and after tax on the yield and required gains) could be drawn down in equal inflation-proofed instalments over a period of time (often the recipient’s life expectancy) but would be completely exhausted at the end of the period.

• Journal

• Michael Allum
• Megan Jenkins
• Amy Gilbert

!27/03/2023 09:12

An Unwelcome Guest and a ‘lively controversy’ – Guest v Guest on the Essential Aim of Proprietary Estoppel

‘1. “One day my son, all this will be yours”. Spoken by a farmer to his son when in his teens, and repeated for many years thereafter. Relying on that promise of inheritance from his father, the son spends the best part of his working li…

• Journal

• Charlotte John

!27/03/2023 09:09

Omissions, Ambiguities and Deficiencies – Seeking Clarification of a Judge’s Reasoning

‘All judgments are capable of improvement’ observed Peter Jackson LJ in Re O (A Child: Judgment: Adequacy of Reasons) [2021] EWCA Civ 149 at [70]. As a consequence, the appropriate scope of seeking ‘clarification’ of a draft judgme…

• Journal

• Nicholas Allen KC

!27/03/2023 09:08