Podcast Location:
Download it here [file size: 29.5 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 podcast is one of two in which Andrzej Bojarski, Head of the Family Team at 36 Bedford Row and co-author of ‘Unlocking Matrimonial Assets on Divorce’ (Jordans, 2012) discusses some of the more challenging aspects of financial remedies upon divorce. In this podcast Andrzej focuses on the issue of self-help disclosure after Imerman and explains the scope of the powers of the courts to protect documents and information and to obtain disclosure within the Family Procedure Rules 2010. The second podcast in this series is entitled, ‘Financial Remedies – The Tricky Bits: Inherited Assets’ which considers the issue of how to approach inherited assets and non-matrimonial property.

Date recorded: 28 August 2012

Outcomes:
After completing the course you will:
  • Understand why self-help disclosure continues to be a problematic area for many family law practitioners;
  • Have considered how a series of cases culminating in the recent Imerman litigation challenged and constrained the traditional Hildebrand approach;
  • Appreciate how the Imerman decision has affected the way in which practitioners ought to be advising their clients in financial remedy proceedings;
  • Have considered whether any scope remains for the use of self-help after Imerman.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Unlocking Matrimonial Assets on Divorce (Jordans, 2012);
  • Computer Misuse Act 1990;
  • D v D & B Ltd [2007] EWHC 278;
  • FLBA’s Family Affairs magazine (Summer 2011);
  • FZ v SZ (Ancillary Relief: Conduct: Valuations) [2011] 1 FLR 64;
  • Hildebrand v Hildebrand [1992] 1 FLR 244;
  • Human Rights Act 1998;
  • Imerman v Imerman & Tchenguiz[2010] EWCA Civ 908;
  • K v K (Financial Capital Relief: Management of Difficult Cases) [2005] 2 FLR 1137;
  • Klammer v Klammer [2008] 1 FLR 238;
  • L v L and Anor [2007] 2 FLR 171;
  • Lykiardopulo v Lykiardopulo [2011] 1 FLR 1427;
  • Regulation of Investigatory Powers Act 2000;
  • T v T (Interception of Documents) [1994] 2 FLR 1083;
  • White v Withers LLP & Dearle [2009] 1 FLR 859.
Tags:

In this podcast Andrzej Bojarski, Head of the Family Team at 36 Bedford Row and co-author of ‘Unlocking Matrimonial Assets on Divorce’ (Family Law, 2012) discusses the issue of self-help disclosure after Imerman.

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