The following Family Q&A Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers provides comprehensive and up to date legal information covering:
The jurisdiction of the family courts in England and Wales derives from Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (known as Brussels II bis, Brussels IIA or Brussels II revised). There are different schemes for divorce and children. The founding jurisdiction is intricate and there is considerable case law as to the factors that can establish habitual residence.
However, Brussels II bis applies to all EU countries save for Denmark, and if neither Brussels II nor Brussels II bis apply, jurisdiction in relation to private law proceedings concerning children is governed by the Family Law Act 1986 and, w
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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