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ANCILLARY RELIEF UPDATE AND THE CREDIT CRUNCH SEMINAR PRESENTED FRIDAY 5TH JUNE 2009 | 10 June 2009
In the economic gloom of current times the above seminar offered to come to our rescue! We were treated to a well presented and entertaining analysis of the interplay of the law of bankruptcy and ancillary relief and other more general issues pertinent to these difficult times.
Our two speakers were from 29 Bedford Row. First to present was Victoria Domenge (1993) on the interaction between bankruptcy and divorce, greatly assisted on account of her involvement in Paulin –v- Paulin [2009] EWCA CIV221. Victoria spared us too much dry law whilst identifying all the pertinent practical issues that arise when there is a risk of bankruptcy. She dealt with the effect of the bankruptcy order as well as the interaction between ancillary relief orders and bankruptcy orders, depending on when the orders and bankruptcy petition were presented. As ever, timing plays an important part in the route to successfully attacking a bankruptcy order. An invaluable guide was also included to avoiding pitfalls and the risk of negligence action.
Claire Renton (1972) a regular lecturer on family law for Lawnet and other specialist training groups spoke more generally on issues pertinent to ancillary relief at this time of economic downturn. She led with a review of the Myerson –v- Myerson 2009 case. Although leave to petition the House of Lords has been made, this case demonstrates how difficult it will still be to satisfy the Barder test even in more uncertain times. Foreseeability is a critical factor in this and other cases reported. Claire also dealt with variation applications and the likely outcomes viewed against the most up to date authorities. The granting of nominal maintenance orders may once again be more prevalent than the clean break in times of uncertainty. Claire also warned against excessive investigation of disclosure when one has to consider the expense involved and concerns of proportionality when asset values and other economic factors are depressed. Many more tips were covered so we left feeling much better informed in relation to current thinking and judicial attitudes in these interesting times.
Our thanks go to the 29 Bedford Row team who were as always more than happy to answer group questions or discuss individual concerns. My thanks also to Jonathan Miller of Whitehead Monckton who managed all the duties associated with making the afternoon presentation a seamless and professional event.
If anyone was unable to attend the seminar, then there is an all day course being offered in London on 3rd July which will cover many of the aspects handled in the Kent seminar. If any member in Kent has a particular subject matter that they would want covered can they please let myself or one of the other committee members know?
Dawn Harrison Chairman of Kent Resolution
Young Kent Resolution Debate | 8 June 2009
Young Kent Resolution held its second successful event on 23 April 2009, a debate about Pre-Nuptial Agreements. Arguing the motion "Pre-Nuptial Agreements: contrary to public policy or of magnetic importance" were junior barristers from London chambers 4 Paper Buildings and Coram Chambers.
Mary-Jane Taylor and Maryam Akhavan-Tabib of Coram Chambers argued for the motion withRebecca Foulkes and Elizabeth Couch of 4 Paper Buildings arguing against.
Convincing arguments were put forward for both sides of the motion. Coram Chambers made a strong case for the importance of the Pre-Nup in the 21st Century and the right of the parties to structure their own affairs. In the end however, the majority of the audience were moved by the arguments of 4 Paper Buildings, voting 16 to 2 that they were contrary to public policy.
The overall consensus was that the current approach, where a Pre-Nuptial Agreement is taken into account as a relevant factor but not as a factor of magnetic importance, is the correct one.
The debate was chaired by Niki Langridge of Coram Chambers and Vanda James of Warners Solicitors, who kindly allowed us to host the event at their Tonbridge office.
Young Kent Resolution are planning further training and social events for 2009 and 2010. If you would like information about future Young Kent Resolution events please contact Sarah Keily at Thomson Snell & Passmore on 01892 510 000 or sarah.keily@ts-p.co.uk.
