The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
In cases involving multiple jurisdictions, it may be prudent to seek advice from a local specialist lawyer in each of the jurisdictions with which the parties have a connection as to the implications of a post-nuptial agreement generally and as to jurisdiction clauses and/or choice of law provision specifically. See Practice Note: Marital and civil partnership agreements—international aspects, in particular section: Initial considerations.
It is important that a post-nuptial agreement complies with the requirements of the jurisdiction in which the parties seek for it to be recognised. In England and Wales, it must, inter alia, be entered into freely and without duress with each party being afforded the opportunity to take legal advice. Post the Supreme Court decision in Radmacher (formerly Granatino) v Granatino, the court in England and Wale
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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