The latest update to Family Court Reports is now live for subscribers.
This update includes:
Financial remedies – Business valuation – Substantial minority shareholding – Terminal value – Minority discount – Timing of sale – Liquidity – Specific amount and specific date for payment.
Financial remedies – Evidence – Letter from trustees – Provided only during hearing – Whether to be treated as expert evidence or evidence of fact – Weight to be given to evidence.
Financial remedies – Pre-nuptial agreement – Whether agreement fair – Whether independent legal advice given – Whether valid under law of agreement – Meeting husband’s needs – Best interests of children.
Financial remedies – Trust assets – Whether wife sole beneficiary – Whether funds available to wife – Finding of fact not judicious encouragement.
Practice and procedure – Financial remedy hearing – Failure to comply with FPR PD 27A and Efficiency Statement of 1 February 2016.
Abduction – Grave risk – Oppressive litigation – Alienating behaviour – Evidential issues – International comity – How court should approach allegations of risk to child if returned – Taking evidence into account when assessing ‘risk at its highest’ – Taking into account judicial comments about a parent in context of unrelated litigation between that parent and third parties.
Care proceedings – Interim care order – Mother facing serious criminal charge relating to assault in her home – Child placed in foster care under interim order – Charges against mother dropped but man responsible for assault had been living in her home – Whether incident relevant to assessment of risk to child on interim basis – Whether separation of mother and child justified – Whether interim care order to be discharged.
Jurisdiction – Habitual residence – Meaning of ‘residence’ in Brussels IIa – Borras report in other languages – Residence – Requirement of more than place to visit – Domicile – Whether domicile of choice established.
Financial remedies – Consent orders – Setting aside – Summary strike out of application – Jurisdiction – Incomplete or insufficient legal advice – Same solicitors acting for husband and wife – Whether relevant breach of fiduciary duty – Duress – Undue influence – Non-disclosure – Evidential hurdles – Delay.
Jurisdiction – Financial remedies – Application to set aside consent order – Summary strike out of application.