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Answers to 11 Thorny Questions: Directly from 8 Supremely Talented QCs, Senior Juniors and Solicitors
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Matrimonial Finance: Shaping new law into solution-focused advice for your clients
Chaired by: Ros Bever of Irwin Mitchell
Ros has "achieved monumental success," acting in high-profile disputes and complex money cases. She was shortlisted for the Jordan’s award of Family Law Partner of the Year.
How do you treat deferred lump sums and the probable future sale of a private company that is clearly a family asset, particularly when both spouses are employed by it and rely on it for income?
Answered by: Sally Harrison QC
Sally is an "absolute superstar." She is "one of a select few of the best mat finance QCs in the country." "Her submissions in the Supreme Court leave others standing."
Drawing on live cases, how far can you push the Court when arguing for the variation of a maintenance order, e.g. if the paying party is retiring or the receiving party inherits or is cohabiting?
Answered by: Abigail Bennett of JMW Solicitors
Abigail is a Deputy District Judge; she frequently sits in the most complicated money cases. "She is totally in command, knows everything and instils real confidence."
TOLATA and Sched. 1
What can a house owner do when they are not married, but have a baby and the relationship breaks down?
Balance of harm test?
Answered by: Elizabeth Darlington of Parklane Plowden Chambers
Elizabeth is "simply brilliant in TOLATA cases." "Her knowledge, intellect and advocacy are second to none." She is co-author of ‘Cohabitation and Trusts of Land’.
In light of Mr Justice Moor’s decision, how far can you push the court with “relationship-generated disadvantage” arguments?
Answered by: Justin Warshaw QC
Justin is "a brilliant advocate; sharp-witted and incredibly clued." He appeared in Cooke v Parker, acting for a husband who was found to have burned down his wife’s house.
Loans and gifts
When the Bank of Mum and Dad is involved, how do you protect a loan which is masquerading as a gift, for the purposes of securing a mortgage?
When should 3rd parties become interveners?
Answered by: Susan Grocott QC of Deans Court Chambers
Susan is "a fabulous advocate and leader for finance matters." "She rapidly distils complex information to the essential arguments." She sits as a Deputy High Court Judge.
What is realistic and achievable over inherited assets, what happened to them during the marriage, the likelihood of future receipt and the position if one spouse mingled an inheritance but the other didn't?
Answered by: Deborah Dinan-Hayward of Albion Chambers
Deborah is acclaimed for her skill in deeply complex financial remedy cases. "She radiates energy, is a joy to work with and always finds her way around a problem."
Going beyond the PAG's July 2019 report, when should you apply a utility discount to a client's pension and what should that discount be, i.e. where within the suggested range of 0-25%?
Answered by: Grant Lazarus of 7 Harrington Street
Grant wrote the paper for the Pensions Advisory Group on the differences between Defined Benefits and Defined Contributions and the consequences for pension sharing orders.
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All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500