0900
Registration and coffee
0930
Chairman's Introduction
Family Law: Shaping New Case-Law into Highly Developed Advice for Clients
Tim Scott QC
29 Bedford Row
Stands out as one of the shining stars of the family bar. Complicated ancillary relief matters involving cross-jurisdictional elements and offshore trusts are his forte. He is excellent, thorough, extremely knowledgeable and very easy to work with.
0940
Inherited and Pre-Acquired Wealth:
To what extent and why will the court depart from the equality principle because of an unmatched financial contribution made by one party to the marriage?
* When does the Court's guidance in Charman as to the limit of the departure apply?
* Where is the law heading? N v F [2011], K v L [2011] 2 FLR, Robson v Robson [2010] EWCA, Jones v Jones [2011] EWCA
David Balcombe
Barrister, 1 Crown Office Row
A gifted advocate who "has always been admired for his intellect and good judgement." Making regular appearances in the Family and Queen's Bench Divisions, he receives praise for his "immensely thorough" approach to his matrimonial finance practice.
1010
Capital Reserves as Income:
When can a party be expected to utilise his or her capital to produce an income for the purposes of a maintenance order? H v H [2009], Vaughan v Vaughan [2010] EWCA
Mary Kaye
Partner and Head of Family Team, SGH Martineau
Is "exceptional"; she has "first class communication skills", and specialises in all aspects of marriage breakdown with a particular emphasis on highly complex financial proceedings. She is Chair of Birmingham Law Society Family Law Committee Vice President of Birmingham Law Society.
1040
Paying maintenance from capital:
How crucial is this development? How has the disclosure principle been altered and with what impact? FG v MBW [2011] EWHC
Philip Cayford QC
Barrister, 29 Bedford Row
Comes highly recommended for his matrimonial finance work. "He is excellent with difficult clients whom he handles with charm and grace, and on tricky cases which he manages to present in an eloquent and reasoned way."
1110
Morning coffee
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Format for the day:
With the help of 71 leading family-law practitioners, we have developed a series of thorny questions where a forthright discussion will be of benefit.
Each expert speaker will give a highly focussed 20-minute presentation, followed by 10 minutes for questions and discussion between the audience and speaker. |
1125
Bankruptcy and ancillary relief:
What happens if a party becomes bankrupt shortly after a final financial relief order has been made?
* Does this order stand because it is protected through Hill v Haines?
* Or if unexpected, can you regard the bankruptcy as a Barder event thereby justifying an application to set aside the order? Mekarska v Ruiz and Boyden [2011]
Gareth Schofield
Partner and Head of Family Team, Clarke Willmott
Is known to be "among the best family lawyers in the country". Has a particular interest in insolvency on matrimonial breakdown and is co-author of "Bankruptcy and Divorce".
1155
EU Maintenance Regulations:
What are the present arrangements to enforce maintenance across Europe after the EU Maintenance Regulation?
* What is the impact in practice on the separation between maintenance and property sharing?
* How can you enforce overseas orders? What are the differences with Brussels1?
David Hodson
Partner, The International Family Law Group
Is a Deputy District Judge at the Principal Registry of the Family Division, High Court, London. He is a Fellow of the International Academy of Matrimonial Lawyers and author of A Practical Guide to International Family Law. He is chair of the Family Law Review Group of the Centre for Social Justice.
1225
Self Help Documents:
When the client arrives in your office with bags full of self help documents, what can you lawfully do to (1) help the client, (2) reach a fair settlement and (3) protect yourself from repercussions?
Jonathan Cohen QC
Head of Chambers, 4 Paper Buildings
Is highly intelligent, numerate and commercial. Solicitors go to him "for those cases where you really need the judge to listen to the strength and simplicity of your main points". He is a Deputy High Court Judge.
1255
Questions and discussion
1315
Lunch |
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1415
Habitual residence:
When can you argue that habitual residence changes? HvK (Children) [2011] EWCA
* Why did Hogg J err in law?
* Extrapolating the decision, when might the wife's deceit or the understanding of the child as reported to CAFCASS impact on future cases?Frank Feehan QC
Head of Chambers, 42 Bedford Row
Is superb at "handling the most complex and serious children matters". He stands out for his "high level of ability and unquestioned integrity".
1445
Cohabitation and maintenance:
If the original Order states that maintenance is to be "reviewed" if the receiving party co-habits for a period of more than 6 months, what approach is the court likely to take in reality?
Margaret Hatwood
Partner, Anthony Gold
Stands out for her "expertise in high-net-worth divorce cases". She is a fabulous communicator who is much sought after by BBC, Sky News and the national press as a commentator on the financial aspects of celebrity divorces.
1515
Kernott v Jones:
How does the court quantify the beneficial interests of unmarried couple in a property post Kernott v Jones?
Lisa Pepper
Partner and Head of Collaborative Law, Osbornes
Is "constructive and smiling whatever the challenges". She specialises pre nuptial and post nuptial agreements, financial settlements on divorce and unmarried couples who break up and disagree as to the ownership of property and separation agreements.
Andrew Watson
Associate, Osbornes
1545
Questions and discussion
1600
Close of conference
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5
Law Society &
Bar Council
CPD hours |
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