An introduction to Financial Provision following divorce [Ancillary Relief] : including the legal framework, including the Article 27 Matrix, the procedural rules and Key priorities when taking initial instructions.
First priorities in Financial Provision: the key considerations when considering an application for Merava injunction and other restraining orders; the legal principles and procedural rules relating to maintenance pending suit and its advantages/disadvantages relative to an Article 4 application for the Domestic Proceedings securing early disclosure of financial information.
â€śFull and Frank Disclosureâ€ť, the legal origins and extent of the duty.Â How to enforce compliance?Â The right to privacy in the â€śImmerman Rulesâ€ť.Â The right to General Discovery, the use of the Khanna subpoena, the use of Order 24 Rule 7 applications, the use of Rule 2.64(4) questionnaires and the Ancillary Relief Guidance Notes.
The 3Â Re-distributive Principles.Â An examination of the development of financial provision from â€śReasonable Needsâ€ť to the three re-distributed principles of â€śNeedsâ€ť, â€śsharingâ€ť and â€ścompensation for relationship generating disadvantageâ€ť as expounded in White v White and McFarlane v McFarlane.
Under the microscope: spousal maintenance, quantum and duration; the non-application of the sharing principle to non-matrimonial assets; pension sharing, departures from equality and the discounting of pre-marital and post-separation contributions from the CETV.
An introduction to public law childrenâ€™s cases with a focus on Care Orders: to include the legislative framework, the onus of proof and the standard of proof as expounded in the key decisions, an examination of the individual parentsâ€™ rights under Article 8 of the ECHR.
Expert opinion evidence and the role of science.Â An examination of the currentÂ law relating to Opinion evidence, the qualifications and experience of experts and key lessons from the American Academy of Science in relation to expert evidence.
A Workshop on challenging an allegation of non-accidental injury.Â This will give an opportunity for discussion of a case involving an allegation of non-accidental injury from start to conclusion to include consideration of the strategy when acting for parents.Â Places will be limited to 10.Additional Workshops can be arranged to meet additional demand.
* It is anticipated that one CPD point will be allocated by the Law Society of Northern Ireland for each talk.Â Precise dates and times to be advised.