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09 August 2007
Issue: 7285 / Categories: Features , Divorce , Family
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finance on family breakdown

PROPERTY ADJUSTMENT ORDERS AND INSOLVENCY

What happens where a jointly owned former matrimonial home is ordered to be transferred by an insolvent husband to his wife? On the facts in Hill and another v Haines [2007] EWHC 1012 (Ch), [2007] All ER (D) 72 (May) Judge Pelling—sitting as a High Court judge—held that where H is hopelessly insolvent then the transfer will be at an undervalue. It can be set aside so that H’s share will vest in the trustees. This is because, in this case, by taking a transfer of H’s share in the property, W gave no consideration at all. The fact that she did so following a contested ancillary relief application and on the basis that all her ancillary relief claims were dismissed makes no difference; or it made no difference here, because her claims were of no real value in the light of H’s insolvency.

In short, the ancillary relief court order did not cure the lack of any true value in the transaction. It was therefore open to the court to set aside the ancillary relief order as a transaction

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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