ANCILLARY RELIEF UPDATE

• Vaughan -v- Vaughan - does the first wife always have priority on spousal maintenance?

• Agbaje - financial relief after an overseas divorce - is it easier in the light of this decision?

• Myerson No 2 and Walkden -v- Walkden - the interpretation of Barder

• Grey -v- Grey - relevance of cohabitation to periodical payments

• The apportionment of costs between intervenors and the parties in ancillary relief

• Cohabitation mini-update - Kernott -v- Jones

Elissa Da Costa, Barrister, 218 Strand

• When can parties be protected from exposure to the media in Ancillary Relief - Spencer

• When might a TLATA application be more appropriate against a former spouse than the MCA - Miller Smith -v- Miller Smith

• When might the admission of additional evidence be appropriate in an appeal - P -v- P

• To what extent has the case of Ansari -v- Ansari imposed limitation on the protection and recovery of assets

• Are there circumstances which might permit priority to an ancillary relief claim in the face of criminal confiscation - Stodgell -v- Stodgell

• What principles do the Court apply when determining whether the benefits from a family trust are a ‘financial resource’ within s 25(2)(a) MCA - C -v- C

• When might the benefits of a trust be regarded as a nuptial settlement – K -v- K

Jonathan Walker-Kane, Barrister, Broadway House Chambers

The content of this talk will reflect the most recent developments in child law in the period before the conference and is likely to include:

• Case law update

• Enforcement Orders - theory and reality

• Removal from the jurisdiction

• Future developments

• Contact & residence

• Position of grandparents

Clive Baker, Barrister, Number 7 Harrington Street Chambers

Pre-nups are persuasive and the awaited Judgment in Radmacher will bring greater clarity to their role in the armoury of Family lawyers.  Post-nups are now recognised as binding. This talk will look at the role of both agreements, the inter-relationship between the agreements and practicalities in terms of advice for clients, to include jurisdictional issues, advice on drafting and what to do if seeking to challenge a pre-nup.

• Pre-nups - the impact of Radmacher - what does the decision mean in practice?

• The impact of Macleod on post -nups

• Guidance from government and resolution

• Practical tips on drafting

• Checklist for challenging

Marc Saunderson, Partner, Mills & Reeve LLP

• Anticipating the problem

• Wording the Order correctly

• “Best endeavours”- what does it mean?

• Using Section 39 SCA 1981

• Transfer of tenancies

• The judgment summons after Mubarak

• Attachment of earnings

• What about garnishee?

  • Charging Order

  • warrant/writ of execution

  • warrant/writ of delivery

  • warrant/writ of possession

  • equitable execution

  • sequestration?

• Committal proceedings

  • avoiding the common mistakes

  • is it the best option?

• “Liberty to apply”- what it does (and does not) mean

• When to seek a Costs Order

Robert Hill, District Judge, Scarborough County Court

As solicitors we are used to clients producing documents to us and inviting us to either open or consider them. Technical advances mean that we are now being presented with hard drives, flash drives and sim cards. This talk will look at the issues surrounding “self-help”, particularly with a view to the tortious and potential criminal liabilities that we as solicitors can face if we don’t act properly.

• The Hildebrand rule

• Imerman and disclosure by foul means

• An assessment of the latest case law

• A summary what you can and can't do

• Costs consequences of getting it wrong

• Individual and corporate liability of getting it wrong

• Guidance from the Court of Appeal

Marc Saunderson, Partner, Mills & Reeve LLP