Knowledge and resources

This case contained some interesting points on Covid and Brexit-related company valuations, but is chiefly of note for its costs sanction for failing to negotiate reasonably once the financial landscape was known.

In G v T Nicholas Cusworth QC, sitting as Deputy HCJ, considered the basis of company valuation and the concept of continuum versus new venture .

This extraordinary case pushed family proceedings to the limits in more ways than one.

HMCTS has been introducing changes to procedures on financial remedy and divorce.

Although Corker Binning is a specialist defence firm, we appreciate that family lawyers experience both sides of a criminal investigation in representing both complainants and the subjects of those complaints.

We often receive enquiries via family lawyers from complainants, or potential complainants, seeking advice on the procedure and likely consequences of criminal investigations and proceedings. Whilst it is not usually necessary for complainants to receive formal criminal law advice (although this can be arranged, for example where a client is particularly anxious about the process of providing evidence to the police, or where there is a risk of a counter-allegation), we are always happy to share the benefit of our experience.

Although outside the jurisdiction of the family court, restraint and confiscation orders make reasonably frequent appearances in these proceedings. This is perhaps unsurprising, as most of us would likely give some thought to the future if it came to light that our spouse was involved in significant financial or organised crime, which could result in confiscation of family assets. As such, it is not unusual for suspects faced with a criminal investigation or prosecution to also find themselves contemplating divorce. Given the possibility of these regimes butting heads as they compete for the family assets, it is helpful for family lawyers to have a grasp of restraint and confiscation orders, and their interaction with financial proceedings.

As with most areas of contentious law, having to instruct a criminal or family lawyer is seldom a happy process for the client. Unfortunately, the nature of relationship breakdown means that all too often family proceedings result in the need for criminal advice.

Steve Hennessy, Phil O'Connor, Fiona Sharp, Tom Farrell and Mike Caffyn discuss the top tips on how to build your career as a financial advisor specialising in divorce.

This much talked-about case seemed to re-open the door to compensation claims for loss of career, but does the full judgment support that?

This article considers the challenges of dealing with private companies during the coronavirus crisis and whether practitioners should be applying for permission for expert valuation evidence in relation to new cases or to revalue companies that have been valued in the recent past.

Resolution's Finance Update offers you a review of significant changes and developments that have occurred over the last year.

Family Law in Partnership reflections arising from Simon Sugar’s presentation for Resolution, January 2020 for The Review.

This case highlights a number of issues, including the approach to valuing/ capitalising income streams, the importance of the valuer’s market knowledge, and discounts to capitalised figures to reflect non-matrimonial source of income stream. It also shows the encouragement of amortisation and step down, and involved the phenomenon of “hot-tubbing” experts.

With so many people’s financial positions likely to change suddenly, what are the chances of setting aside or varying an order made in more stable times?

With the global economic markets in turmoil, valuations being undermined immediately, many businesses on the edge of an abyss, the housing market effectively frozen and widespread furlough leave and redundancies, there cannot be a more difficult time for financial remedy practitioners to advise clients on the merits (or not) of pursuing or settling financial claims.

Changes to the financial remedy courts that had been planned before readers had heard of Covid-19 may turn out to have been quite spectacularly well-timed…

With the courts increasingly needing to establish historical values, robust accountancy approaches are required – but with active and passive growth, the springboard effect, and the general concept of fairness all in play, there is seldom one clear answer. 

A court-appointed receiver is a fairly draconian step, but is worth considering as one possible strategy for an unco-operative ex-spouse.

Sadly, it is not an uncommon scenario: following hotly contested divorce proceedings an order is made that requires one spouse to make financial payments over a period of months or years to the other.