Journal
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
- Non-Means Tested
- Means Tested
- Universal Credit
- Welfare Benefits
!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
- Low Income Cases
- State Benefits
- Universal Credit
!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
- Legal Information
- Law for Life
- Litigants in Person
- Access to Justice
- LASPO
!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
!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
!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
- Business Valuation
- divorce
- Experts
- Assets
- Valuations
!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
!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
- Pensions on Divorce
- LTA
- HMRC Protection
!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
!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
!27/03/2023 09:09
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