PRESS RELEASE Dale Vince v Kathleen Wyatt
|
|
- Sharon Warren
- 8 years ago
- Views:
Transcription
1 8 May 2013 PRESS RELEASE Dale Vince v Kathleen Wyatt FOR IMMEDIATE RELEASE The Court of Appeal has today delivered a ground breaking judgment in favour of Dale Vince, founder of green energy business Ecotricity, striking out a financial claim brought by his ex-wife, Kathleen Wyatt, 28 years after the couple separated in 1984 and 20 years after their divorce in Mr Vince was represented by Davina Hay and David Greer of Schillings. In a unanimous decision the Court of Appeal upheld Mr Vince s appeal against a judgment given in the Family Division of the High Court in November 2012 in which the court declined to strike out Ms Wyatt s claim as an abuse of process and ordered that Mr Vince furnish Ms Wyatt with a fighting fund of 125,000 to bring the claim against him - in addition to funding his own legal costs of defending the claim. The decision breaks new legal ground. The application to strike out Ms Wyatt s claim was brought by Schillings under rules introduced in 2010 on which there was no prior authority. The Court of Appeal ordered that Ms Wyatt s claim for a housing fund and capitalized lifetime maintenance should be struck out because at the time when Ms Wyatt should have brought her claim neither party had any money and both were in relationships with new partners. Mr Vince s present wealth was generated years after the parties divorced as a result of the success of the Ecotricity business, which he founded. In a unanimous judgment, the Court of Appeal found that Ms Wyatt would not be entitled to any financial provision from Mr Vince now and struck out her claim as an abuse of process. Mr Vince s solicitor, Davina Hay, Head of the Family Department at Schillings, said: This was an ill-conceived claim which should never have been brought. Too often the divorce courts in this country take the view that wealthy parties should pay simply because they can pay. This judgment injects a welcome dose of principled legal reasoning. Mr Vince understandably expected that having separated from his ex-wife in 1984 when he was a penniless 22 year old, he should not be required to 1 of 6
2 pay her a vast sum of money simply because years after she divorced him in 1992, he had built a successful business. The Court of Appeal agreed with him unanimously. Giving the lead judgment for the Court of Appeal, Lord Justice Thorpe, one of the most senior Appeal judges, said: The facts of this case are extreme. Impecuniosity has been the experience of all of the wife s adult life. Both the men with whom she has entered into family life were seemingly equally impecunious. Her husband was the most improbable candidate for affluence. The wife no doubt can appeal to his sense of charity but in my judgment he is not to be compelled to boost the wife s income by the exercise of the jurisdiction under the Matrimonial Clauses Act He is not her insurer against life s eventualities. In a concurring judgment, Lord Justice Jackson said: in my view the court should not allow either party to a former marriage to be harassed by claims for financial relief which (a) are issued many years after the divorce and (b) have no real prospect of success. It must be an abuse of the court s process to bring such proceedings The present case is a classic example of such abuse. Lord Justice Tomlinson agreed with both judgments. Head of the Family department at Schillings, Davina Hay, who acted for Mr Vince in this litigation, said: My client was placed in an extremely unenviable position during these proceedings: either give in to his ex-wife s demands or face the Kafka-esque prospect of a trial in which he was funding her lawyers as well as his own and yet had no prospect of recovering his own legal costs from her even if he won. The Court of Appeal has recognized the injustice of that situation and it is a credit to Mr Vince that he had the resolve not to capitulate but instead bring this unprecedented application to strike out the claim entirely. He has the justice that he much deserves. All three judges also found that Mr Vince should not have been ordered to pay a total of 125,000 to fund his ex-wife s legal costs of bringing the claim against him. In the High Court Mr Vince had been ordered to pay 125,000 directly to Ms Wyatt s solicitors, Mishcon de Reya, a sum which Mr Vince can now expect back. Lord Justice Thorpe said that he would have allowed Mr Vince s appeal against that aspect of the order even if he had not allowed his appeal against the entire claim being allowed to continue. Agreeing that Mr Vince should not in any event have been ordered to pay Ms Wyatt s costs, Lord Justice Jackson said: 2 of 6
3 if the deputy judge s order stands, the ultimate result will be that (a) the wife recovers nothing, (b) the husband pays all the costs of both sides and (c) the husband has no prospect of recovering any of the costs which he has paid out. This is not an outcome which the court can contemplate with equanimity, however wealthy the husband may be. Davina Hay, Head of the Family Department at Schillings, said: Mr Vince s landmark judgment makes it clear that in this age of austerity judges should take a robust view and prevent hopeless claims from clogging up an already over burdened court system. It is also a beacon of light for divorce lawyers who recognise that the Family courts in England and Wales tend very much to look after wives: this is a welcome judgment in redressing what is so often a very raw deal for husbands on divorce. - END For further details, please see the Notes to Editors on pages 4-6. Issued by: Please direct any further enquiries to the solicitors with conduct of the matter: Davina Hay David Greer Partner and Head of Family Senior Associate Davina.Hay@schillings.co.uk David.Greer@schillings.co.uk of 6
4 NOTES TO EDITORS 1. Dale Vince (51) and Kathleen Wyatt (53) married in December At the time both were receiving state benefits. They had a child in May 1983 and separated in February Their marriage lasted less than 3 years. 2. Following their separation Mr Vince became a new age traveler and lived as a traveler in Spain and England until He had a long term relationship with a new partner and they had a child together. 3. In October 1992 Mr Vince and Ms Wyatt were divorced. At the time of the divorce neither party had any assets and both were receiving state benefits. 4. Ms Wyatt had a relationship with another man with whom she had children in 1993 and Mr Vince married his current wife in 2006 with whom he has a son. 6. It is unclear whether any financial orders were made at the time of the divorce in Given the time which has elapsed all the court papers apart from the divorce decree itself have been destroyed. The files of the solicitors involved at the time had also been destroyed long ago. None of the solicitors involved had been able to clarify what happened at the time. 7. From humble beginnings providing wind powered telephones at Glastonbury in the early 1990s Mr Vince erected his first commercial windmill on a hill in Nymsfield, Gloucestershire in In the same year Mr Vince founded Ecotricity, the world s first green energy company which has since grown into a very successful business estimated by The Sunday Times Rich List to be worth 90m. 8. Ms Wyatt notified Mr Vince, via her solicitors, that she was seeking a financial order against him in March 2012 (i.e. 28 years after they separated and 20 years after they divorced). Mr Vince instructed Schillings to defend against the claim. Ms Wyatt sought a lump sum to purchase and furnish a new home and capitalized lifelong maintenance. The case was transferred from Gloucester County Court to the High Court. 9. There is no statutory time limit for a party to a marriage to bring a claim for a financial order. There is no statute of limitations as there is in the context of civil claims (e.g. personal injury claims must be brought within 3 years and a claim for breach of contract within 6 years). Someone who has re-married cannot bring a claim against a former spouse but the fact that a former spouse has re-married does not prevent a claim being brought against them. 4 of 6
5 10. My Wyatt advanced a number of reasons for her delay in bringing a claim including that she was badly advised by four different solicitors before she instructed Mishcon de Reya. 11. Having issued her claim, Ms Wyatt, who continues to receive state benefits applied for an order for interim maintenance against Mr Vince to fund her legal costs of bringing her claim against him. An order for interim maintenance to meet legal costs is known as an A v A order after the first case in which such an order was made. A v A orders are routinely made in divorce proceedings where one party to the marriage (usually the wife) has no other means to fund her legal representation and the other party (usually the husband) has the means to pay. Ms Wyatt s solicitors had been acting for her on the basis that she would pay her costs from whatever she recovered from Mr Vince in the proceedings. 12. Having reviewed Ms Wyatt s claim, Mr Vince made an application to strike out Ms Wyatt s claim under Rule 4.4 of the Family Procedure Rules 2010 which provides that the court may strike out a statement of case if it appears to the court: (a) That the statement of case discloses no reasonable grounds for bringing or defending the application; (b) That the statement of case is an abuse of the court s process or is otherwise likely to obstruct the just disposal of the proceedings. 13. The rule was first introduced in family proceedings in This is the first reported case in which it has been used. 14. Both applications (Mr Vince s strike out application and Ms Wyatt s application for legal funding) were heard in on 13 and 14 November 2012 by Nicholas Francis QC sitting as a Deputy High Court judge. The judge gave judgment on 14 December He declined to strike out Ms Wyatt s claim on the basis that the prejudice to her in denying her the right to bring the claim outweighed the prejudice to Mr Wyatt in having to defend the claim after such a long delay. He ordered Mr Vince to pay 125,000 to Ms Wyatt s solicitors to enable her to bring her claim to a trial which had been due to take place over 3 days in March this year. 15. On 17 January 2013 Mr Vince appealed both orders on grounds including: (a) that the Judge had failed to consider properly whether the delay in the claim being brought was itself a good reason for striking it out; 5 of 6
6 (b) that the Judge had failed to properly take into account the inherent weakness of Ms Wyatt s claim given that neither party had any money during the marriage and both had formed new relationships since divorcing; (c) that the judge should not have order Mr Vince to fund Ms Wyatt s lawyers because her claim was a weak one and she might be awarded nothing at, leaving Mr Vince unable to recover his costs from her at trial. 16. The appeal was heard on 11 April by Lord Justice Thorpe, Lord Justice Jackson and Lord Justice Tomlinson. 17. The Court of Appeal concluded that the Judge had been wrong not to take into account the inherent weakness of Ms Wyatt s claim and that in view of the pressure on the court system he should have used his powers eradicate a hopeless claim. 18. The Court of Appeal also concluded that the A v A order to fund Ms Wyatt s legal costs should not have been made because Mr Vince might well defeat her claim at trial but then be unable to recover his legal costs even if he won. 19. Lord Justice Jackson compared the power to strike out cases in the Civil Procedure Rules with the power in the Family Procedure Rules. He concluded that the family courts should adopt the same broad approach as has been adopted in civil proceedings. The courts should not allow claims (a) brought many years after the divorce and (b) which have no real prospect of success to be brought. 20. Ms Wyatt s claim against Mr Vince has been struck out and she will not be able to bring any further financial claim against him. 6 of 6
www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation
www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide
More informationAPPLICATIONS FOR A FINANCIAL REMEDY
APPLICATIONS FOR A FINANCIAL REMEDY PART 9 PART 9 Contents of this Part I APPLICATION AND INTERPRETATION Rule 9.1 Application Rule 9.2 Application of Magistrates Courts Rules 1981 Rule 9.3 Interpretation
More informationGADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
More informationConditional Fee Arrangements, After the Event Insurance and beyond!
Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional
More informationREPORT STATUTE LAW REVISION COMMITTEE ACTIONS IN TORT BETWEEN HUSBAND AND WIFE
1965-66 VICTORIA REPORT FROM THE STATUTE LAW REVISION COMMITTEE UPON ACTIONS IN TORT BETWEEN HUSBAND AND WIFE TOGETHER WITH MINUTES OF EVIDENCE AND AN APPENDIX Ordered by the Legislative Assembly to be
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
More informationScottish Government Removal of the 3 year limitation period from civil actions for damages for personal injury for in care survivors of historical
Scottish Government Removal of the 3 year limitation period from civil actions for damages for personal injury for in care survivors of historical child abuse A response by the Association of Personal
More informationPg. 01 French v Carter Lemon Camerons LLP
Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited
More informationFamily Law. Terms and Definitions. Second Edition
Family Law Terms and Definitions Second Edition Introduction The purpose of this booklet is to provide Newfoundlanders and Labradorians with a reference for the terms and definitions that are commonly
More informationDivorce and Separation: A JD Law guide
Divorce and Separation: A JD Law guide The Office for National Statistics estimates that over 40 per cent of all marriages in England and Wales end in divorce, with around 120,000 couples parting ways
More information- - - - - - - - - - - - - - - - - - - - BAKER. - and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Neutral Citation Number: [2013] EWHC 2668 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION BEFORE: Case No: QB/2013/0325 Royal Courts of Justice Strand, London, WC2A 2LL 31 July 2013 HIS HONOUR
More informationCOMPLAINT FOR DIVORCE WITH MINOR CHILDREN
SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA vs. Plaintiff, Defendant.,, Civil Action Case Number COMPLAINT FOR DIVORCE WITH MINOR CHILDREN My name is and I am representing myself in this divorce action.
More informationRULE 63 DIVORCE AND FAMILY LAW
RULE 63 DIVORCE AND FAMILY LAW Definitions (1) In this rule, Application claim for relief includes a child support order, a spousal support order, a custody order, a property order, and corollary relief
More informationThe criminal and civil justice systems in England and Wales
The criminal and civil justice systems in England and Wales Introduction Important differences exist between UK civil and criminal proceedings that have implications for fraud investigations, including
More informationJustice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos
Justice Committee Courts Reform (Scotland) Bill Written submission from Clydeside Action on Asbestos In our view, the Court of Session should deal only with most complex and important cases and that most
More informationTerms and Definitions. Used in family law in Nova Scotia
Terms and Definitions Used in family law in Nova Scotia A publication of the Court Services Division of the Nova Scotia Department of Justice May 2008 Terms and Definitions A Access........................................1
More informationConsultation on a proposed Apologies (Scotland) Bill
Consultation on a proposed Apologies (Scotland) Bill A response by the Association of Personal Injury Lawyers September 2012 Introduction The Association of Personal Injury Lawyers (APIL), a not-for-profit
More informationA Guide to Wills following Divorce or Separation
following Divorce or Separation Understand why it may be necessary to review or create a new Will. Understand the importance of protecting your estate. Understand the other considerations necessary when
More informationShelter Scotland response to the Scottish Government consultation on the Courts Reform (Scotland) Bill
Shelter Scotland response to the Scottish Government consultation on the Courts Reform (Scotland) Bill Shelter Scotland is responding to this consultation in our capacity as a homelessness and housing
More informationGuide to Divorce and Separation
Family Law Web Guide A guide by Guillaumes Solicitors Introduction The breakdown of a relationship can be a difficult and challenging time. The pressure and anxiety of splitting up, applying for divorce,
More informationTHE BASICS Getting Spousal Support in New York State
THE BASICS Getting Spousal Support in New York State In this booklet, we call the person who receives support the wife or ex-wife. And we call the person who pays support the husband or ex-husband. This
More informationCHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS
CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY
More informationDIVORCE AND SEPARATION
DIVORCE AND SEPARATION What are the reasons for a divorce? In Virginia, you can get a divorce for six reasons. Two reasons don't need a waiting period: Adultery, sodomy or buggery. These are very difficult
More informationMissouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section
Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO
More informationPresident s Guidance on Continuity and Deployment (Public Law)
Introduction President s Guidance on Continuity and Deployment (Public Law) 1. This Guidance is issued by the President of the Family Division under PD 12A (PLO 2014). 2. This Guidance applies to all care
More informationUnited States Court of Appeals for the Federal Circuit
NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit 2008-3036 ELIZABETH ANN WATERS, v. Petitioner, OFFICE OF PERSONNEL MANAGEMENT, Elizabeth A. Waters, of
More informationPRACTICE DIRECTION No. 8 of 2001 FAMILY PROVISION APPLICATIONS
PRACTICE DIRECTION No. 8 of 2001 FAMILY PROVISION APPLICATIONS 1. Practice Direction No. 2 of 1997 is repealed. 2. The objects of this Practice Direction are to reduce cost and delay by (a) making information
More informationDEFENDING THE DEPENDENCY CLAIM: CASES AND STATUTORY MATERIALS
DEFENDING THE DEPENDENCY CLAIM: CASES AND STATUTORY MATERIALS Anthony Reddiford, Guildhall Chambers Civil Law Reform Bill 2009 1 1 Extension of right of action (1) Section 1 of the Fatal Accidents Act
More informationDIVORCE EXPAT STYLE. Everyone who works with international assignees knows that going on assignment can be a
Anthony Gold Solicitors London Bridge The Counting House 53 Tooley Street London Bridge City London SE1 2QN Tel: 020 7940 4000 Fax: 020 7378 8025 DX: 39915 London Bridge South Email: mail@anthonygold.co.uk
More informationHOUSE BILL No. 5951. March 11, 2010, Introduced by Reps. McMillin, Paul Scott, Lund, Haveman and Agema and referred to the Committee on Judiciary.
HOUSE BILL No. HOUSE BILL No. March, 00, Introduced by Reps. McMillin, Paul Scott, Lund, Haveman and Agema and referred to the Committee on Judiciary. A bill to provide for covenant marriages; to establish
More informationTHE BASICS Getting a Divorce in New York State
THE BASICS Getting a Divorce in New York State Either the wife or the husband can ask a Court for a divorce. In this booklet, we say that the wife is the person who will go to Court to request a divorce
More informationIN THE MANCHESTER COUNTY COURT No.2QT66034. 1 Bridge Street West Manchester M60 9DJ. Claimant. Defendant
1 0 1 0 1 IN THE MANCHESTER COUNTY COURT No.QT0 1 Bridge Street West Manchester M0 DJ 0 th November B e f o r e:- DISTRICT JUDGE MATHARU COMBINED SOLUTIONS UK Ltd. (Trading as Combined Parking Solutions)
More informationA GUIDE TO FAMILY LAW LEGAL AID
A GUIDE TO FAMILY LAW LEGAL AID Important new rules in relation to legal aid were introduced on 1 April 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This legal guide
More informationReform to Lost Years Damages in Mesothelioma Claims
Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151
More informationThe Court of Protection Rules 2007
STATUTORY INSTRUMENTS 2007 No. 1744 (L. 12) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection Rules 2007 Made - - - - - 25th June 2007 Laid before Parliament 4th July 2007 Coming into force -
More informationSummary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015
Summary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015 Abstract: In this annual summary of the state of the Personal Injury and Clinical Negligence Claims Market
More informationIN THE HIGH COURT OF JUSTICE
ST VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE CIVIL SUIT NO.138 OF 1994 BETWEEN: ALFRED JACKSON As Administrator of the Estate of ENNIS JACKSON Plaintiff and Appearances: Mr Arthur Williams
More informationClearer rules for international couples frequently asked questions
Clearer rules for international couples frequently asked questions Why does the EU need to act to help international couples? There are around 122 million marriages in the EU, of which around 16 million
More informationHER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS
HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers
More information5c. Did the Wife have a Child with Another Man while Married to the Husband?
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Cause Number: IN THE MATTER OF THE MARRIAGE OF Petitioner: Print first, middle and last name of the spouse filing for divorce. And Respondent: Print first,
More informationSTATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO. 2014 CA 0564 TERRI JOHNSON VERSUS JOEY J. E. JOHNSON
------------ STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO. 2014 CA 0564 TERRI JOHNSON VERSUS JOEY J. E. JOHNSON ~ Judgment rendered December 23, 2014. 'f:i ) * * * * * * '1; V Appealed from the
More informationS15F1254. McLENDON v. McLENDON. Following the trial court s denial of her motion for a new trial regarding
297 Ga. 779 FINAL COPY S15F1254. McLENDON v. McLENDON. MELTON, Justice. Following the trial court s denial of her motion for a new trial regarding her divorce from Jason McLendon (Husband), Amanda McLendon
More informationA Guide to. Divorce Obtaining Financial Orders. Understand why financial orders are so important. Understand how to obtain a financial order.
A Guide to Divorce Obtaining Financial Orders Understand why financial orders are so important. Understand how to obtain a financial order. Understand what financial orders are available. Section 1 This
More informationFIXED COSTS PART 45. Contents of this Part
FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount
More informationIN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY. (E) [ ] This is a Consent Decree
(A) Petitioner s or Lawyer s Name: Mailing Address: Daytime Telephone: ATLAS Number: Lawyer s Bar Number: Representing [ ] Self, Without a Lawyer or [ ] Petitioner (B) Respondent's or Lawyer's Name: Mailing
More informationSOUTH CAROLINA BAR. Divorce and the Law
SOUTH CAROLINA BAR Divorce and the Law GROUNDS FOR DIVORCE In South Carolina there are five grounds for divorce: separation of the spouses for at least one year (the no-fault divorce ), adultery, physical
More informationLetters of administration (usually when there is no valid will).
The Probate Service What is probate? When a person dies somebody has to deal with their estate (money property and possessions left) by collecting in all the money, paying any debts and distributing what
More information1. Introduction. The laws of any jurisdiction other than England & Wales Taxes or duties Financial investment.
1. Introduction 1.1 This document, together with our Engagement Letter, explains the basis upon which we work for you. These two documents constitute the contract between you and The Law House. In the
More informationDependant Support Claim Against an Estate. 1. Review the legislation and case law and identify relevant information and documentation
Dependant Support Claim Against an Estate 1. Review the legislation and case law and identify relevant information and documentation Review Part V of the Succession Law Reform Act (the "SLRA"), titled
More informationQBE European Operations Professional liability
QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details
More informationClinical Negligence. Investigating Your Claim
www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The
More informationFirst alternate payee (If others, see instructions)
STATE OF COURT: In re the marriage or domestic partnership of: ORDER TO DIVIDE WISCONSIN DEFERRED COMPENSATION PROGRAM ACCOUNT Petitioner and Domestic Relations Order Pursuant to Wis. STAT. 40.80 (2r)
More informationCivil Suits: The Process
Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized
More informationBRETT N. BENDER 420 SW WASHINGTON ST / STE 400 PORTLAND, OR / 97204 P: 971-373-8491 F: 503-270-5281 brett@brettbenderlaw.com
BRETT N. BENDER 420 SW WASHINGTON ST / STE 400 PORTLAND, OR / 97204 P: 971-373-8491 F: 503-270-5281 brett@brettbenderlaw.com HOW I WILL HANDLE YOUR OREGON DIVORCE 1. GROUNDS: Oregon has adopted the concept
More informationPERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL
PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS
More informationClean Break Order. The Essential. Guide. to Clean Break Orders
The Essential Guide to Clean Break Orders 1 The Essential Guide to Clean Break Orders Introduction 3 The Clean Break Order 5 What Exactly is a Clean Break? 6 Some Vital Points to Consider 9 What can a
More informationCosts Law Update Lamont v Burton
- The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants
More informationLIFE COVER - PROTECTION FOR YOUR FAMILY
LIFE COVER - PROTECTION FOR YOUR FAMILY The LGPS provides valuable life cover and financial protection for your family. Where pension terms are used, they appear in bold italic type. These terms are defined
More informationOn behalf of the Matrimonial Law Section of the New York County Lawyers
14 Vesey Street New York, NY 10007-2992 (212) 267-6646 www.nycla.org WRITTEN TESTIMONY PRESENTED BY THE NEW YORK COUNTY LAWYERS ASSOCIATION MATRIMONIAL LAW SECTION AT THE PUBLIC HEARING ON NO-FAULT DIVORCE
More informationCREDIT, DEBT COLLECTION, & BANKRUPTCY
Chapter Four CREDIT, DEBT COLLECTION, & BANKRUPTCY Credit is money, goods or services provided to an individual who promises to pay the lender at a later time. You may not be denied credit because of your
More informationThe Litigation Advantage Scheme
After the Event Insurance for Clinical Negligence The Litigation Advantage Scheme from Temple Legal Protection We have been using Temple as providers of ATE insurance since 2001. The Scheme has worked
More informationIn divorce or civil partnership dissolution the court's first consideration is given to the welfare of any children under the age of 18.
How Is A Divorce Settlement Reached? In divorce or civil partnership dissolution the court's first consideration is given to the welfare of any children under the age of 18. In financial proceedings the
More informationConditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].
Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In
More informationVII. JUDGMENT RULE 54. JUDGMENTS; COSTS
VII. JUDGMENT RULE 54. JUDGMENTS; COSTS (a) Definition; Form. Judgment as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings
More informationJudicial Mistake in DIY Divorce Settlement Rapidly Corrected
Judicial Mistake in DIY Divorce Settlement Rapidly Corrected Mesothelioma Settlements Not Available Capital Over-Simplistic Approach Produces Challenge Pre-Nup Partially Set Aside as Judge Highlights Uncertainty
More informationFAMILY SOLUTIONS MOORE BLATCH. solicitors
FAMILY SOLUTIONS MB MOORE BLATCH solicitors Specialist Family Lawyers Divorce and separation is a stressful and emotionally draining experience. Once a relationship has broken down, you ll need the understanding
More informationHow To Settle A Car Accident In The Uk
PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation
More informationIN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG. and. In The Matter of ASSOCIATED CAPITAL CORPORATION
BRITISH VIRGIN ISLANDS CIVIL APPEAL NO.10 OF 2002 BETWEEN: IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG and In The Matter of ASSOCIATED CAPITAL CORPORATION Appellant Respondent Before: His Lordship,
More informationTEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance
TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that
More informationGuide to Wills and Legacies
Guide to Wills and Legacies Leaving a gift in your Will to International Cat Care Leaving a gift in your Will to International Cat Care Thank you for enquiring about leaving a gift in your Will to International
More informationHow To Pay Court Fees In The Civil Courts
EX50 Civil and Family Court Fees From 22 April 2014 Important information This leaflet sets out a selection of civil and family court fees. It is not the full list, neither is it the authority on fees.
More informationTypes of dispute. Guide to Estates & Wills
PERSONAL LITIGATION TYPES OF DISPUTE Types of dispute Guide to Estates & Wills 2 In order for a Will to be valid, it must comply with certain formal requirements and if this is in doubt a claim can be
More informationAlways a Privilege? Introduction
Always a Privilege? Helen Cort examines the nature of without prejudice communications, the competing public interests, and the application of privilege in alternative dispute resolution ( ADR ). Introduction
More informationTariff and billing handbook. 6. Costs and contributions
Tariff and billing handbook 6. Costs and contributions Legal Aid Ontario Title: Tariff and Billing /Handbook Author: Lawyer Services & Payments Last updated: November 2012 Table of Contents 1. Introduction...1
More informationFamily law in Jersey. Bedell Cristin Jersey briefing. Introduction. Breakdown of a marriage or civil partnership. briefing
www.bedellgroup.com Jersey Guernsey London Dublin Mauritius BVI Singapore Family law in Jersey Bedell Cristin Jersey briefing briefing Introduction This briefing is intended to provide answers to some
More informationAppellant s notice (All appeals except small claims track appeals)
Appellant s notice (All appeals except small claims track appeals) Appeal Court Ref. No. Date filed For Court use only Notes for guidance are available which will help you complete this form. Please read
More informationResponse of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09
Response of Browne Jacobson LLP (Solicitors) - CP53/09 February 2010 Contents Contents... 2 Introduction... 3 Browne Jacobson LLP... 3 Interest in the Consultation... 3 The Response... 3 Summary... 4 Response
More informationMPRE Sample Test Questions
MPRE Sample Test Questions The following sample questions are examples of test questions similar to those on the MPRE. While these sample questions illustrate the kinds of questions that will appear on
More informationFamily Law Act CHAPTER 27. Reprinted 1999
Family Law Act 1996 CHAPTER 27 First Published 1996 Reprinted 1999 Family Law Act 1996 CHAPTER 27 ARRANGEMENT OF SECTIONS PART I PRINCIPLES OF PARTS II AND III Section 1. The general principles underlying
More informationTERMS & CONDITIONS OF BUSINESS
TERMS & CONDITIONS OF BUSINESS 1. Introduction These terms and conditions explain the basis upon which we carry out work for you and charge for our services subject to any variations set out in our engagement
More informationDiscretionary Trust Deed
Discretionary Trust Deed Discretionary Trust Deed What is it? A discretionary trust designed for use with life assurance plans including investment bonds. The settlor (the person creating the trust) cannot
More informationDepartment of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims
Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims A response by the Association of Personal Injury Lawyers June 2013 Page 1 of 8 The Association of Personal
More informationCommonwealth of Kentucky Court of Appeals
RENDERED: MAY 14, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000282-MR AND NO. 2009-CA-000334-MR BRIAN G. SULLIVAN APPELLANT/CROSS-APPELLEE APPEAL AND CROSS-APPEAL
More informationFamily Law Client Information Package
Family Law Client Information Package The end of a relationship can be very difficult. In addition to the obvious emotional issues, couples are often faced with challenging financial and legal problems.
More informationDeferring your State Pension
Deferring your State Pension October 2014 2 Contents 4 Introduction 5 When can I get my State Pension? 6 Putting off claiming your State Pension 8 What are my choices? 9 How much more money could I get?
More informationRole of Executors (and Trustees) in claims
Role of Executors (and Trustees) in claims The role of executors in claims against an estate depends very much on the type of claim being advanced. As we can see in the presentation, executors often feel
More informationASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill
ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill The Associated Society of Locomotive Engineers and Firemen (ASLEF) is the UK s largest train driver s union representing approximately
More informationJAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT
[2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN
More informationPRIVATE CLIENT. Your legal guide for life
PRIVATE CLIENT Your legal guide for life Helping you to make the right decisions Our aim is to provide our clients with quality legal advice across the broad range of private client services within an
More informationADVOCATES AND SOLICITORS EXAMINATIONS COMMON EXAMINATIONS. Civil Procedure and Criminal Procedure. April 2004
ADVOCATES AND SOLICITORS EXAMINATIONS COMMON EXAMINATIONS Civil Procedure and Criminal Procedure April 2004 IMPORTANT NOTES 1. Please write legibly unreadable papers may result in lost marks. 2. Your written
More informationFL401 Application for: a non-molestation order / an occupation order (10.97)
Application for: a non-molestation order an occupation order Family Law Act 1996 (Part IV) To be completed by the court Date issued Case number The court 1 About you (the applicant) Please read the accompanying
More information- - - - - - - - - - - - - - - - - - - - Marshall. - and - The Price Partnership Solicitors - - - - - - - - - - - - - - - - - - - -
Neutral Citation Number: [2013] EWHC 4256 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION Case No: 1HQ/13/0265 1HQ/13/0689 Royal Courts of Justice Strand, London, WC2A 2LL BEFORE: Wednesday, 2
More informationDivorce Legal Solutions Policy Document
Divorce Legal Solutions Policy Document Please read this document carefully to familiarise yourself with your policy cover and how you can contact us if you experience a breakdown of your marriage or civil
More informationShort Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013
LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse
More informationSTRUCTURED SETTLEMENTS
STRUCTURED SETTLEMENTS NORTH CAROLINA TRIAL JUDGES BENCH BOOK, SUPERIOR COURT, VOL. 2 (Civil), Structured Settlements, at pp. 4-7 (3d ed.) (Institute of Government 1999) A. THE APPROVAL HEARING 1. Plaintiff
More informationFinal Decree of Divorce
Print court information exactly as it appears on your Petition for Divorce Cause Number: IN THE MATTER OF THE MARRIAGE OF Petitioner: Print first, middle and last name of the spouse filing for divorce.
More informationAdvice Note. An overview of civil proceedings in England. Introduction
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
More informationA GUIDE TO DIVORCE. The law
A GUIDE TO DIVORCE Deciding that your marriage has ended can be very difficult. If you are not sure whether your marriage is at an end, there are relationship counselling services which may be useful in
More informationLebanon County Court of Common Pleas. Divorce Handbook For Self-Represented Litigants
Lebanon County Court of Common Pleas Divorce Handbook For Self-Represented Litigants August 2014 I. INTRODUCTION A divorce is a way to legally end your marriage. It is recommended that you at least speak
More informationRESPONSE TO PETITION FOR DISSOLUTION OF NON- COVENANT MARRIAGE
Name: Mailing Address: Daytime Telephone: Representing Self, Without a Lawyer For Clerk s Use Only IN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY Regarding the matter of Petitioner and 1300DO RESPONSE
More information