Latest Updates
Family Flyer Issue 57
December 20, 2015
Over recent weeks I have been requested on a number of occasions to attempt to summarise the principles to be derived from the conjoined appeal decisions of the Supreme Court in Sharland and Gohil. Accordingly, I have tabulated such a summary in the hope it will be of assistance generally.
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Judgment Summons: An Inadequate Remedy – A Defaulter’s Charter: Prest v Prest
December 6, 2015
Since the decision in Mubarak v Mubarak [2001] 1 FLR 698, the inadequacies of the judgment summons route to enforcement of a ‘money’ order have been well-known to the Profession.
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Family Flyer Issue 56
December 6, 2015
Wicks v Wicks [1998] 1 FLR 470 and its determination that there was no interim power of asset sale for divorcing parties pending a final hearing has been a source of injustice, mainly for wives, for almost two decades.
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Family Flyer Issue 55
December 6, 2015
Since the decision of Mubarak [2001] 1 FLR 698, the inadequacies of the Judgment Summons route to enforcement of a ‘money’ order has been well known to the Profession. The Judgment Summons process at that time made no reference to the criminal standard of proof, required individuals to incriminate themselves, placed the burden of proof on the person facing committal and confused the separate approaches required when undertaking a means enquiry and committal proceedings.
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