Journal
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
The Summary of the Summaries (Winter 2024)
Summaries, beginning with TY v XA [2024] EWFC 96, where Moor J reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III MFPA 1984, which should from now on be on notice. The test is as set out at the 1984 Act, s 13.
- Journal
!22/11/2024 06:00
Tech Corner: Separate Space – How Tech can be Leveraged to Bridge the Access to Justice Gap
In this article, Victoria Nottage and Amanda Bell argue that not only will technology bring positive changes to the ways that lawyers provide services to their clients, it also presents exciting opportunities to bridge the long-standing gap in access to justice.
- Journal
- Business
- Companies
- Business Assets
- Business Valuation
!22/11/2024 06:00
Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice
There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.
- Blog
- Journal
- divorce
!07/10/2024 22:10
©2024 Class Legal classlegal.com
