The following Family Q&A Produced in partnership with Paul Infield of The 36 Group provides comprehensive and up to date legal information covering:
A pension can only be transferred to another person on death or as a result of financial relief proceedings on divorce or dissolution.
If the final order in financial relief proceedings is still executory (and the jurisdiction under Thwaite v Thwaite cannot be invoked, see Practice Note: Coronavirus (COVID-19)—revisiting financial orders, in particular section: Revisiting executory but unimplemented orders—Thwaite jurisdiction), the court has only very limited ways in which it can vary its own orders.
In relation to ordinary lump sum orders, a court can only vary a lump sum if it is payable by installments (as confirmed in Hamilton v Hamilton), and even those orders are only rarely varied. In the solicitor’s negligence case of Westbury v Sampson , the Court of Appeal looked at the scope of the power to vary an order for the payment of a lump sum by installments. Bodey J (in finding that the solicitor had not been negligent) accepted that the variation of the amount of the award was withi
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
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