1KBW on Enforcement in Financial Remedy Proceedings

Enforcement issues are common in financial cases, and this book provides a comprehensive guide to substantive and procedural law, as well as international cases. It covers general enforcement, specific orders, committal proceedings, sequestration, obtaining a 'Hadkinson order, assets held in trust, and enforcement of overseas orders. Written by specialist family barristers from 1KBW, it is designed to provide guidance and understanding of this complex area of law in a concise and digestible way.

Format: Paperback / softback
Length: 264 pages
Publication date: 31 January 2023
Publisher: Bloomsbury Publishing PLC

Enforcement is a crucial aspect of financial cases that often arises, even if it does not materialize. Practitioners must be aware of these issues when negotiating settlements or pursuing financial orders. This comprehensive guide provides a thorough exploration of enforcement issues in both substantive and procedural law. It also addresses international cases, where particularly complex challenges arise, offering practical guidance on how to address these issues.

The book covers various aspects of enforcement, including:

General Enforcement and Specific Orders under FPR 2010, Part 33: This section covers the general principles of enforcement and the specific orders available under the Family Proceedings Rules 2010, Part 33. It includes freezing orders, search orders, and mandatory orders, which are used to protect assets and ensure compliance with court orders.

Committal Proceedings and Sequestration: This section discusses the procedures for seeking committal proceedings and sequestration, which are used to enforce financial obligations. It covers the grounds for seeking these orders, the process involved, and the potential outcomes.

Obtaining a 'Hadkinson Order': This section explains the 'Hadkinson order', which is a type of order used to enforce maintenance payments. It covers the requirements for obtaining a 'Hadkinson order', the process involved, and the potential consequences.

Assets Held in Trust, Including 'Sham Trusts': This section explores the enforcement of assets held in trust, including'sham trusts'. It covers the legal principles governing trust assets, the challenges of enforcing trust orders, and the available remedies.

Enforcement of Overseas Orders: This section discusses the enforcement of overseas orders in England and Wales. It covers the legal framework for enforcing foreign orders, the procedures for obtaining recognition and enforcement of foreign orders, and the potential obstacles and challenges.

Issues Thrown Up by International Cases: This section examines the issues that arise in international cases, particularly when enforcing financial orders across borders. It covers the legal framework for international enforcement, the challenges of cross-border enforcement, and the available remedies.

Written by specialist family barristers from 1KBW under the general editorship of Richard Harrison KC, this book provides guidance and understanding of this complex area of law in a concise and digestible way. It includes flowcharts and tables to set out challenging issues in a clear and organized manner.

This title is included in Bloomsbury Professional's Family Law online service, which provides access to a wide range of resources and information related to family law.

Weight: 639g
Dimension: 248 x 156 (mm)
ISBN-13: 9781526522542