Journal
A Practical Guide on How to Select your Expert, Reviewing the Expert's Report and When to Consider Engaging a Shadow Expert
Fiona Hotston Moore is an accredited expert witness, instructed on 40–50 matrimonial cases each year. A significant number of these instructions are as single joint expert or party expert providing an opinion on the valuation of a business or shareholding. This article shares her practical guidance as a valuation expert for family lawyers and barristers.
- Journal
- Experts
- Business Valuation
!22/11/2024 06:00
Interview with Nigel Shepherd
Joanne Edwards interviews Nigel Shepherd, a former partner and national head of Family Law at Mills & Reeve, retiring as a consultant at the firm in October 2024. He was national Chair of Resolution 1995–1997 and again 2016–2018, the only person to have held that role twice and was given lifetime membership of Resolution in 2018.
- Journal
- Interview
!22/11/2024 06:00
Balancing the Books: Equitable Accounting in Trusts of Land Disputes
This article aims to provide the busy family practitioner with a fairly comprehensive guide to the what, where, when, and how of equitable accounting, specifically in the context of trusts of land, to assist you in getting such claims off on the right footing.
- Journal
- TLATA Applications
- Cohabitation
- Equitable Accounting
!22/11/2024 06:00
The Winds of Change – Case Management and the Financial Remedies Court
Once upon a time, not so long ago, ‘ancillary relief’ was something of a legal backwater. Cases were determined solely by reference to ‘reasonable requirements’. Procedural rules, to the extent they existed, were short and loosely applied. Parties filed narrative affidavits of means and answered requests for further and better particulars.
- Journal
- Procedure
- Financial Remedies
!22/11/2024 06:00
Money Corner: EBITDA – The Valuer’s Measure of Profit
EBITDA – the valuer’s measure of profit, and other measures that may be considered.
- Journal
- EBITDA
- Revenue
- Single Joint Experts
- Profit
- Market Value
- Business Valuation
- Market Approach
- Valuations
!22/11/2024 06:00
Demeanour and Denial (or Don’t Mention the Data)
In his groundbreaking 1925 work, Die Verneinung, psychoanalyst Sigmund Freud postulated the existence of the psychological defence mechanism ‘denial’, whereby facts too painful to process or accept are rejected. Examples of its applications abound.
- Journal
- Fact-Finding
- Witness Evidence
- Demeanour
- Evidence Given Remotely
!22/11/2024 06:00
Financial Remedies Case Round-Up (End April 2024 to Start October 2024)
These are the noteworthy case-law developments since the last issue went to press in April 2024.
- Journal
!22/11/2024 06:00
Valuation and Treatment of Business Interests on Divorce in England and Australia
The definition of ‘value’ is the present value of expected future net economic benefits to be generated by an asset. This definition alone gives an indication as to the complexities in arriving at a reasonable value of an asset. The complexities when seeking to determine the value of an asset where there is no sale/purchase negotiation underway increase exponentially.
- Journal
- SeparateSpace
- Tech Corner
- Access to Justice
- AI
- Legal Tech
- Innovation
!22/11/2024 06:00
Hemain Injunctions: How to Get Them and When not to Resist Them
A Hemain injunction application is typically made in the context of jurisdiction and/or forum non-conveniens proceedings. It is designed to restrain the respondent from progressing their rival overseas divorce petition pending the English court’s decision whether to dismiss or stay the English petition.
- Journal
- Injunctions
- divorce
- Jurisdiction
- Forum Non-Conveniens
- Suit
- Hemain
- International Family Law
!22/11/2024 06:00
Chair's Column (Winter 2024)
For more than three decades the Duxbury tables have held a strong position in the determination of outcomes in financial remedies cases involving the capitalisation of maintenance obligations…
- Journal
!22/11/2024 06:00
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