The following Property Disputes Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Where parties divorce, the court has significant powers to make orders relating to the division of matrimonial assets as set out in the Matrimonial Causes Act 1973 (MCA 1973). However the powers of the court extend only so far as is permitted under MCA 1973, and only as between the parties to the proceedings. The court cannot make effective orders binding a third party who is not also a party to those proceedings. Where there is a dispute over the true ownership of an asset, whether by way of a claim by a third party or against a third party, the family court can conduct a preliminary hearing to determine the true beneficial ownership of that asset within the financial remedy proceedings, see, generally, Tebbutt v Haynes. I
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
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