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Briefing Notes

Briefing Notes

 

briefing notes

Mediation: resolving family disputes, lessening family acrimony

Mediation is a process to help couples who have decided to separate or divorce to talk things through. Mediators are trained to help you reach an agreement about how to make the best arrangements for the future. This may be about the way the children are...

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briefing notes

Collaborative practice: Resolving family disputes, lessening family acrimony

It is a fact of life that relationships break down. When they do disputes often emerge as a couple attempt to address the emotional and financial consequences of that break down. It is increasingly accepted that the family court is often not the best place...

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briefing notes

Hybrid mediation on separation and divorce

To complement the traditional family mediation process we now offer a new mediation model. Hybrid mediation allows those who are reluctant to engage in the traditional process to mediate in a more supported way. It is an excellent alternative to the court...

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briefing notes

Financial documentation belonging to another

Many new clients bring us original or copy documentation relating to their spouse’s or partner’s financial or personal position. The Court of Appeal’s 2010 decision in the case of Tchenguiz & Others v Imerman has made it more...

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briefing notes

Pre and post nuptial agreements

Nuptial agreements are contracts entered into by a couple for the purpose of defining what would happen to their assets if their relationship failed.  Commonly these are signed prior to marriage or civil partnership although this does not have to be...

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briefing notes

Living together: Your rights as a cohabitant

As many as 40% of all “permanent” couples now cohabit and one in four children are born outside marriage. Many cohabitees mistakenly believe that once they have cohabited for a certain period they acquire some form of “common law”...

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briefing notes

Treatment of trust on divorce

It often comes as a surprise how much discretion a family judge has to redistribute the resources on divorce. These resources can include a whole raft of assets including company shares, pensions and interests in trusts. In recent times judges have taken a...

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briefing notes

Financial procedures on divorce

Various orders for financial provision can be made following divorce, including the payment of maintenance, lump sums, orders for the transfer of property and the sharing of pension interests. Guidelines provide for mutual disclosure of financial...

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briefing notes

Children: A brief guide to obtaining orders under the children act 1989

If separating couples cannot agree arrangements for their children it may be necessary to seek the assistance of the court. Issues in respect of a child’s home, choice of school and parental rights are not just dealt with within a divorce setting....

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briefing notes

Purchasing a property together

This note refers to properties bought by more than one person, who are not married, regardless of whether they are in a relationship. As such, it does not apply to married couples or civil partners. Those buying property jointly should be aware that there...

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briefing notes

CPI and RPI indexing

Court orders for maintenance can be in place for many years during which time the effect of inflation could reduce the value of the maintenance award in real terms. Instead of having to apply to court to have the order varied, a court can order maintenance...

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briefing notes

Directors' duties - a practical guide

This guide provides directors of UK incorporated companies with a general overview of the statutory and other duties and obligations which should be complied with in that role. We also offer practical guidance on safeguarding directors from personal...

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briefing notes

Share incentives: EMI options - overview of conditions and tax treatment

Introduction This note outlines the key conditions which need to be met and the tax treatment of EMI options. It is not designed to be a definitive statement of the qualifying conditions and tax treatment but instead is intended to provide an overview for...

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briefing notes

Corporate Insolvency & Governance Bill 2019-2021: The Insolvency Changes You Need To Know About

On 20 May 2020, the Corporate Insolvency & Governance Bill 2019-2021 was introduced to Parliament. With the Bill slated to be fast-tracked into law, here are some of the key insolvency aspects to be aware of.   Why now? Consultations were...

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briefing notes

Articles of association - time for an upgrade

A company’s articles of association ( articles ) are a set of rules which govern the internal affairs of the company and form the basis of a statutory contract between the shareholders of a company and the company itself. Every company must have a set...

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briefing notes

Coronavirus - Immigration Q&A (updated on 14 May 2020)

The COVID-19 pandemic has had a wide ranging impact on virtually every aspect of life, including immigration matters.  We have set out below some of the key issues for businesses and individuals to consider in relation to immigration applications and...

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briefing notes

Enter stage left: the new 'light touch' administration

The extraordinary disruption to UK business caused by the COVID-19 lockdown has spawned much discussion about changes to existing insolvency laws to help businesses which are struggling to survive in this abnormal environment. One topic of discussion has...

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briefing notes

Better the Devil you know? The transition from LIBOR to SONIA

It is unlikely to have escaped your attention that LIBOR, the “London interbank offered rate” which appears as a base benchmark rate in countless corporate loans, is living on borrowed time.  LIBOR will disappear at the end of 2021 and most...

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briefing notes

Data protection issues on due diligence and disclosure

The due diligence and disclosure exercises are a critical part of most M&A transactions, involving the compiling and transferring of significant amounts of information about the target business and its employees. Data protection issues need to be...

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briefing notes

The impact of COVID-19 on the Family Court and judicial encouragement for alternative methods of dispute resolution

The ability of the courts to deal with all aspects of family-related matters has been severely impacted by the current restrictions and lockdown. It is vital that those already in court proceedings are aware of this, but also, as we expect that it will take...

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briefing notes

Co-parenting in light of the current COVID-19 pandemic

Advice and guidance for separated parents For separated parents the current lockdown is understandably problematic and the government guidance on staying at home raises questions for children who spend time across more than one home. Over the last few weeks...

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briefing notes

Can a struggling company ever justify paying some - but not all - of its creditors?

In light of the financially fragile state some businesses are finding themselves in as result of COVID-19, we discuss in this briefing note when – if ever – payments or other benefits can be given to some creditors but not others, and when such...

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briefing notes

Execution of documents - top ten Q&As

1. The agreement is a simple contract under hand – how does the company execute? By an individual signing (including electronic signing) on behalf of the company, provided that the individual has express or implied authority (section 43(1)(b) of the...

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briefing notes

Directors' Duties in relation to conflicts

What is a director’s conflict of interest? The Companies Act 2006 introduced a number of duties to which all company directors are subject.  In particular, some of the statutory duties relate to conflicts of interest that directors may face in...

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briefing notes

Restrictive covenants post employment

Bound or not? The thorny question of restrictive covenants post termination, and whether they are enforceable, frequently comes before the courts. Guest Services Worldwide Limited (“GS”) produced promotional maps for hotels.  Mr Shelmerdine...

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briefing notes

Top 10 tips for tenants - fit out works

Tenant fit out works come with a number of potential issues and pitfalls. Often the construction issues are left to the last moment and there is a mad scramble to put the correct documentation in place. In order to help you on the way we have listed our...

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briefing notes

Cybersecurity - network and information systems regulations 2018 (NIS)

EU Directive 2016/1148 (the Directive) was introduced with a view to establishing a secure and consistent cyber security framework within Europe. The Network and Information Systems Regulations 2018 (the Regulations) subsequently transposed the Directive...

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briefing notes

Late payment of commercial debts

Unpaid suppliers of goods and suppliers of services have a statutory right to claim interest on overdue debts and compensation for late payment under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended by various subsequent regulations)...

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briefing notes

Consumer Rights Act 2015

The Consumer Rights Act 2015 applies to contracts with consumers for the sale of goods, digital content and services concluded on or after 1 October 2015. In this briefing note, we highlight some of the key features of the Act. Summary The Act consists of...

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briefing notes

General Data Protection Regulation - what it means for processors

The European General Data Protection Regulation (the “Regulation”) came into force on 25 May 2018, replacing Directive 95/46/EC (the “Directive”).  The Data Protection Act 2018 (“DPA 2018”) supplements the Regulation...

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