Podcast Location:
Download it here [file size: 24.7 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast series aims to provide an overview of recent ancillary relief case law. Part one looks at cases relating to jurisdiction, procedure and preliminary issues and the exercise of the discretion and principles of distribution. Part two examines cases pertaining to disclosure and 'Hildebrand' rules, costs and settlements and agreements.

Outcomes:
After completing the course you will:
  • Understand the issues raised by the case of Re Z;
  • Know how the case of Miller Smith v Miller Smith deals with the issue of selling the former matrimonial home before the divorce and ancillary relief proceedings are concluded;
  • Know when you should seek to join another party's relative as outlined in KSO v MJO;
  • Appreciate how recent caselaw has examined discretion and the principles of distribution;
  • Know the ruling in Moore v Moore;
  • Understand whether one party can unilaterally transfer assets to the other as discussed in H v H;
  • Understand the reasoning in the case of Behzadi v Bezhadi.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Re Z (Restraining Solicitors from Acting) [2009] EWHC 3621 (Fam) [2010] 2 FLR 132;
  • Miller Smith v Miller Smith [2009] EWCA Civ 1297 [2010] 1 FLR 1402;
  • KSO v MJO and JMO (PSO Intervening) [2008] EWHC 3031 (Fam) [2010] 1 FLR 1036;
  • Moore v Moore [2009] EWCA Civ 1427 [2010] 1 FLR 1413;
  • H v H (Financial Relief) [2010] EWHC 158 (Fam) [2010] 1 FLR 1864.
Tags:

In this two part CPDcast series, Richard Tambling, a barrister at 1 Garden Court Family Law Chambers, examines recent cases relating to ancillary relief.

In part one, he examines procedure and preliminary issues, as discussed in the cases of Re Z (Restraining Solicitors for acting) [2009], Miller Smith v Miller Smith [2009] and KSO v MJO and JMO (PSO Intervening) [2008], and the exercise of the discretion and principles of distribution as examined in Moore v Moore [2009], H v H (Financial Relief) [2010] and Behzadi v Bezhadi [2008].

In part 2, he discusses disclosure and the 'Hildebrand' Rules in the cases of Imerman v Imerman [2010], V v V (Financial Relief) [2009], costs in the case of Harrison v Harrison [2009], and finally settlements and agreements in Macleod v Macleod [2008], F v F (Pre-nuptial agreement) [2009] and Radmacher v Granatino.

Podcast last reviewed: 2012-02-27

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