- Podcast Location:
- Download it here [file size: 21.7 MB]
- Law Categories:
-
Family Law
- CPD Points:
- One Point - details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors and Barristers...
Regulated by the Solicitors Regulation Authority:
Listen and pass the test: Gain 1 accredited CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the test, gain ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- Standard rate: £25 - Corporate users will pay less.
- Length:
- 30 minutes of audio
(+ optional 5 minute accreditation test) - Streaming Audio:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
-
This course provides an update for practitioners in family law or those with an interest in the area of ancillary relief. It examines the statutory provisions relating to bankruptcy and ancillary relief and how these have been interpreted in recent cases. It also provides commentary on the recent case of Charman in the context of the preceding cases.
- Outcomes:
- After completing the course you will:
- Understand the relevant provisions of the Insolvency Act 1986 and the Matrimonial Causes Act 1973 in relation to bankruptcy in ancillary relief;
- Understand the recent decision in Hill v Haines in the Court of Appeal;
- Understand the likely impact of Hill v Haines on future cases;
- Understand what practical advice should be given to clients where bankruptcy could be an issue in ancillary relief proceedings;
- Understand the recent decision in Charman v Charman in the House of Lords;
- Understand what Charman decides in relation to equality of division and the three strands of division introduced in Miller/McFarlane;
- Understand the possibilities for future modification of the Matrimonial Causes Act.
- Accredited CPD Time:
- 30 minutes
- Level:
- Intermediate
- Sources and References:
-
- Insolvency Act 1986;
- Matrimonial Causes Act 1973;
- Hill v Haines [2007] EWCH 1012 (Ch);
- Segal v Pasram [2007] All ER (D) 35;
- Charalambous v Charalambous [2004] EWCA Civ 1030;
- Miller v Miller : McFarlane v McFarlane [2006] UKHL 24;
- Charman v Charman [2007] EWCA Civ 503;
- Cowan v Cowan [2001] EWCA Civ 679.
This podcast considers some of the recent developments in ancillary relief. The two main issues discussed are bankruptcy in the context of ancillary relief after the recent case of Hill v Haines in the Court of Appeal, and the high profile case of Charman v Charman and the impact it is likely to have on future cases.
Lynsey Cade Davis, a barrister at 29 Bedford Row Chambers, interviews Timothy Scott QC and Christopher Wagstaffe, also tenants at 29 Bedford Row to ask their opinions on the issues raised by the recent cases. Their discussion includes the rationale behind section 339 of the Insolvency Act and section 39 of the Matrimonial Causes Act and how they have been interpreted by the Courts and gives guidance to practitioners when advising spouses when bankruptcy is a potential problem in the future. In relation to the Charman case, they discuss the principles invoked in the case and, in particular, how ‘special contribution’ can result in departure from equality of division.