The following Family Q&A provides comprehensive and up to date legal information covering:
The decision in Mountney v Treharne provides authority for the general principle that a property adjustment order made before the presentation of the bankruptcy petition will be valid and will bind the trustee. However, there are notable differences between that case and the scenario of this Q&A, ie in that case the order was made under section 24 of the Matrimonial Causes Act 1973, and the husband was ordered to transfer all of his interest in the matrimonial home and did not retain a beneficial or legal interest in the property. See Practice Note: The impact of bankruptcy on divorce proceedings, in particular, the section ‘The impact of bankruptcy on divorce proceedings—The property adjustment order made before the bankruptcy proceedings commence’.
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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