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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

Price: £225.00

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Secondhand & Out of Print

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Detection and Preservation of Assets in Financial Remedy Claims

ISBN13: 9781405774048
Published: April 2014
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: £139.99

In stock.

This unique title assists the practitioner to legally detect hidden assets and to demonstrate how to use the coercive powers of the court to search premises and preserve and freeze assets.

The book contains:-

  • A comprehensive guide for all family practitioner's seeking to locate and preserve assets in financial remedy claims
  • The routes to take and applications to make to detect assets, and/or preserve assets.
  • Usefulness to the High Street solicitor or junior barrister wanting to protect an interest in the matrimonial home and search the property register (for example, by entering restrictions on the Land Registry and getting orders directed to the Chief Land Register)
  • Usefulness to any solicitor involved in claims brought on behalf of a child (ie a parent who is no paying allowance)
  • A comprehensive guide to obtaining evidence from third parties here and abroad, and the remedies available to preserve assets here and abroad
  • Brand new precedents covering a wide range of applications and orders, so having chosen the course to take, the lawyer will be able to draft his application documents without having to search in any other books

Family Law
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)