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Detection and Preservation of Assets in Financial Remedy Claims
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Detection and Preservation of Assets in Financial Remedy Claims

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Overview
Published April 2014 (LexisNexis UK)
ISBN: 9781405774048. Soft Cover.
Description

Nigel Dyer, Juliet Chapman 

A unique title providing comprehensive guidance to the family practitioner on the legal routes available for obtaining evidence and detecting and preserving assets in this jurisdiction and abroad. 

The wide ambit of financial remedy claims under the Matrimonial Causes Act 1973, Part III of the Matrimonial and Family Proceedings Act 1984, schedule 1 of the Children Act 1989 and under the Civil Partnership Act 2004 are covered. Also, a range of helpful precedents – from freezing injunctions to search orders, to third party disclosure orders. This book provides invaluable guidance, helping you to: 

  • Understand the conventional routes to obtain and enforce disclosure by the court process 
  • Become familiar with the courts’ coercive powers to compel and enforce disclosure 
  • Obtain evidence from third parties, both in this jurisdiction and abroad and disclosure orders in foreign jurisdictions 
  • Legally detect and search for assets that have not been disclosed 
  • Protect real estate, by way of notices and restrictions against title or by court orders 
  • Understand the courts’ coercive powers to preserve assets in this jurisdiction and abroad 
  • Decide whether to proceed without notice for freezing orders, and when to join third parties 
  • Make claims against third parties who are asserting ownership rights.

Introduction;

Part 1 - Detection of Assets.
1. Obtaining evidence by legal methods;
2. Conventional routes for obtaining disclosure by court process;
3. Obtaining evidence from searches;
4. Obtaining evidence from third parties in the jurisdiction;
5. Obtaining evidence from third parties outside of the jurisdiction;
6. Evidence that cannot be disclosed;
7. The drawing of adverse inferences;

Part 2 - Preservation of Assets;
8. The jurisdiction of the family court to grant coercive orders;
9. The Ex parte orders: general duties and proper practice;
10. Land Registry orders against property title;
11. Relief under Section 37 MCA 1973;
12. Freezing orders;
13. Enforcing freezing orders abroad;
14. Search orders;
15. The position of third parties;
16. Injunctions obtained in aid of foreign proceedings;

Part 3 - Precedents;

Part 4 - Extracts of Relevant Rules and Statutes;
17. Family Procedure Rules 2010;
18. Land Registry Rules;
19. The Senior Courts Act 1981;
20. The Matrimonial Causes Act 1973;
21. Part III of the Matrimonial and Family Proceedings Act 1984;
22. Children Act 1989;
23. s 25 Civil Jurisdiction and Judgments Act 1982;
24. EU Maintenance Regulation (extract);
25. Lugano Convention (extract)

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