1KBW on Enforcement in Financial Remedy Proceedings
1KBW on Enforcement in Financial Remedy Proceedings

Author: Richard Harrison KC

Publisher: Bloomsbury Publishing

Published: 2023-02-07

Total Pages: 251

ISBN-13: 1526522551

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Almost every contested financial case raises issues of enforcement. Even if these issues do not materialise, it is essential for practitioners to be alive to them when they are negotiating settlements or pursuing an application for financial orders. This work provides a comprehensive guide to enforcement issues both in terms of substantive and procedural law. It also covers international cases where especially difficult issues are often thrown up, offering practical guidance on how such issues might be addressed. The work covers: - General enforcement and specific orders under FPR 2010, Part 33 - A range of orders including freezing orders, search orders and mandatory orders - Committal proceedings and sequestration - Obtaining a 'Hadkinson' order - Assets held in trust including 'sham' trusts - Enforcement of overseas orders - Issues thrown up by international cases Written by specialist family barristers from 1KBW under the general editorship of Richard Harrison KC, this book provides guidance in and understanding of this complex area of law with flowcharts and tables, setting out challenging issues in a concise and digestible way. This title is included in Bloomsbury Professional's Family Law online service.

1KBW on Enforcement in Financial Remedy Proceedings
1KBW on Enforcement in Financial Remedy Proceedings

Author: Richard Harrison (KC)

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781526522573

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Almost every contested financial case raises issues of enforcement. Even if these issues do not materialise, it is essential for practitioners to be alive to them when they are negotiating settlements or pursuing an application for financial orders. This work provides a comprehensive guide to enforcement issues both in terms of substantive and procedural law. It also covers international cases where especially difficult issues are often thrown up, offering practical guidance on how such issues might be addressed. The work covers: - General enforcement and specific orders under FPR 2010, Part 33 - A range of orders including freezing orders, search orders and mandatory orders - Committal proceedings and sequestration - Obtaining a 'Hadkinson' order - Assets held in trust including 'sham' trusts - Enforcement of overseas orders - Issues thrown up by international cases Written by specialist family barristers from 1KBW under the general editorship of Richard Harrison KC, this book provides guidance in and understanding of this complex area of law with flowcharts and tables, setting out challenging issues in a concise and digestible way.

1KBW on Trusts in Matrimonial Finance Proceedings
1KBW on Trusts in Matrimonial Finance Proceedings

Author: Richard Harrison KC

Publisher: Bloomsbury Publishing

Published: 2019-02-19

Total Pages: 319

ISBN-13: 1526508079

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Are you working with trust assets and interests in the context of matrimonial and family finance disputes? A comprehensive guide to issues frequently arising in English matrimonial finance cases, where one or both spouses has an interest in, or access to, trust assets. Key topics covered include: Jurisdiction Service and joinder Nuptial settlements Trusts as resources Enforcement Chapters summarise the key principles of English family finance and trust principles through diagrams, flowcharts and tables, alongside clear narrative, to ensure the more technical information is intelligible yet authoritative. An indispensable tool kit for English practitioners and judges working in the field of family finance, as well as those practising in other jurisdictions looking for an accessible guide to the English matrimonial arena. It also contains vital information for trust and corporate lawyers encountering matrimonial disputes when trustees are joined or otherwise intervene in family cases.

1KBW on International Child Abduction
1KBW on International Child Abduction

Author: Richard Harrison KC

Publisher: Bloomsbury Publishing

Published: 2020-09-26

Total Pages: 579

ISBN-13: 1526512831

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1KBW on International Child Abduction is a guide to the practice and procedure in international child abduction proceedings, in particular applications under the 1980 Hague Convention. It provides guidance as to the law of England and Wales and relevant international law in child abduction cases, as well as the procedures for making applications in the High Court and for pursuing appeals in the Court of Appeal and the Supreme Court. It condenses a large body of case law and international instruments into a digestible format, so that practitioners have all the tools needed for day-to-day practice in one place. 1KBW on International Child Abduction provides: - Flow charts to explain key legal principles and procedural steps, as well as diagrams which summarise important cases - A dedicated section on the 1980 Hague Convention, with individual chapters devoted to key principles such as rights of custody, habitual residence and the relevant 'defences' to applications for a summary return order - Chapters pertaining to the 1996 Hague Convention and applications under the inherent jurisdiction - Practical guidance about the procedure for making applications in the High Court, such as: how to make urgent without notice applications; the criteria for obtaining different types of Tipstaff orders; and when to seek specific orders for disclosure to assist in tracing a child - A summary of Covid-19 guidance Legislation and guidance covered includes: - 1980 Hague Convention - 1996 Hague Convention - Child Abduction and Custody Act 1985 - Family Law Act 1986 - President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings 1KBW on International Child Abduction is aimed primarily at practitioners who already specialise, or are looking to specialise, in international child abduction. It can also be used as a reference tool by all family practitioners and those who have an interest in the subject.

Forced Marriage Law and Practice
Forced Marriage Law and Practice

Author: Joshua Hitchens

Publisher: Bloomsbury Publishing

Published: 2021-02-15

Total Pages: 380

ISBN-13: 1526515962

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Longlisted for the 2022 Inner Temple New Authors Award “an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised” The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution. The book is divided into five parts which look at: - The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes. - The law and procedure in the family jurisdiction, including both matrimonial and protective remedies - The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction - The law, procedure and relevance of Court of Protection proceedings - Matters of best practice Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage. This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.

Cohabitants and the Law
Cohabitants and the Law

Author: Anne Barlow

Publisher:

Published: 2001

Total Pages: 418

ISBN-13:

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This third edition is updated and features new chapters on the Child Support Act and the new law on domestic violence and homelessness. It offers new material on increasingly important issues such as negative equity, transfer of tenancies, domestic violence, homelessness, cohabitation contracts, child support assessments. Valuable precedents are also provided, including a framework cohabitation agreement and a declaration of trust for co-owners of freehold property. The text is divided into two parts, dealing firstly with ongoing relationships and then with relationship breakdown.

Child Protection and the Family Court: What you Need to Know
Child Protection and the Family Court: What you Need to Know

Author: Andrew McFarlane

Publisher: Bloomsbury Publishing

Published: 2019-02-08

Total Pages: 647

ISBN-13: 1526505967

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Child protection made simple: the plain-speaking guide for all those concerned with the protection of children. Providing a clear and uncomplicated route through the child protection process. Diagrams and charts are included to aid understanding; jargon and acronyms are only included in order to explain them and key court decisions are explained in their proper context. In addition to coverage of local authority safeguarding duties and investigations, parental responsibility, wardship and the inherent jurisdiction and secure accommodation, new content in this edition includes: A chapter on special guardianship, helpful for those who find themselves involved in legal proceedings without access to legal aid, such as grandparents Developments in cases involving: Radicalisation Adoption Children or parents who are nationals of a foreign country The introduction of the Child Arrangements Programme for private law

Costs in Family Proceedings
Costs in Family Proceedings

Author: Francis Wilkinson

Publisher: Bloomsbury Publishing

Published: 2020-03-27

Total Pages: 519

ISBN-13: 152651205X

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A revised and fully updated guide to the law, precedents and practice of costs and funding in all family proceedings. Concise but comprehensive, this second edition provides a clear exposition of the three different regimes for family costs: no order; the clean sheet; and costs follow the event. It also covers arbitration costs, public funding, wasted costs, and any other costs issue that can arise. The Second Edition covers: Changes to public funding and the treatment of awards of damages Changes to enforcement procedures with the introduction of Parts 39 and 40 of the Family Procedure Rules 2010 An update to relevant case law Key legislation covered includes: Children Act 1989 Matrimonial Causes Act 1973 Legal Aid, Sentencing and Punishment of Offenders Act 2012 Senior Courts Act 1981 Family Procedure Rules 2010 Civil Procedure Rules 1998 Costs in Family Proceedings provides answers to all your costs questions. The early chapters address the scope for orders for costs between parties, while the later chapters provide coverage of: cost allowances, wasted costs, costs assessment (including indemnity costs), enforcement of costs orders, and the full range of other costs issues which may arise in family proceedings. As the only book of its kind available, this is an essential title for all family law solicitors, barristers, judiciary and academics, as well as costs draftsmen. '...magisterial... Our library here will stock this book. Family practitioners should...expect that all family judges will want to work from it.' Lord Wilson (from the Foreword to first edition)

Public Children Law: Contemporary Issues
Public Children Law: Contemporary Issues

Author: Alexander Laing

Publisher: Bloomsbury Publishing

Published: 2018-08-08

Total Pages: 295

ISBN-13: 152650328X

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“The law relating to children does not seem to stand still long enough to have its photograph taken...” So says Sir Andrew McFarlane, President of the Family Division, before endorsing the one book he says has captured its image. THE guide to current, important and commonly misunderstood issues in public children law. Drawing together the key statute, case law, and procedure in relation to twelve central themes, Public Children Law: Contemporary Issues explores and examines current issues of particular difficulty in public children law, with an emphasis on those with an international dimension. It provides a comprehensive overview of some of the most pressing issues in child protection law, as well as identifying common pitfalls and practical tips, and providing good practice guides. The topics covered include: - Children giving evidence - Child trafficking - Radicalisation - Female genital mutilation - Secure accommodation orders - Special guardianship orders - Family Drug and Alcohol Court - Forced marriage and honour-based violence - International public children law - Children's evidence - Child trafficking - Reporting restrictions - Deprivation of children's liberty - Post-adoption contact - Section 20 and damages