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Chapter

Cover Family Law

4. Property Division on Divorce  

Polly Morgan

At the end of a marriage or civil partnership, it is necessary to consider the practical and financial arrangements for the parties’ future: how they will share the value of the house(s), the pensions, and the savings and investments; who pays the debts; who gets personal belongings and furniture; and who has what income to live on. The law will only give effect to agreements that are objectively fair. If the parties cannot agree on a fair settlement, then courts have the power to impose a settlement on them by making a ‘financial remedy’ order in whatever terms it thinks are objectively fair. This power does not apply to unmarried couples. This chapter looks at what the court can do, the legal principles and practicalities that govern property redistribution, and some contentious issues and problems that may arise in financial remedy practice.

Chapter

Cover Competition Law of the EU and UK

6. Procedure: penalties and leniency arrangements  

This chapter explores the financial penalties imposed for breaches of competition law in the EU and the UK. Broadly speaking, enforcers have three kinds of ‘weapons’ in their arsenal to use against those who attack competition: remedies, imprisonment, and fines. The first of these weapons may be the most powerful, and includes conduct, structural, and third-party remedies. Incarceration — the second weapon — is a well-publicized feature of the US system, and has been an option in the UK in relation to hard-core cartel conduct since the entry into force of the Enterprise Act 2002 (EA). The argument in favour of the efficacy of fines, the third weapon, is a persuasive one: companies take part in anti-competitive conduct in order to boost profits; remove those profits and the incentive for illegal conduct vanishes.

Chapter

Cover Family Law

6. Financial Remedies on Divorce  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on financial remedies on divorce. After outlining key socio-economic data about the family economy and its impact on family members (especially parents) on relationship breakdown, it discusses financial remedies on divorce; the principles governing the grant of those and exercise of the statutory discretion; the clean-break principle; private ordering; and reform.

Chapter

Cover Bromley's Family Law

8. Financial Remedies: The Court’s Powers  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter discusses the law governing financial remedies in the context of a divorce, dissolution of a civil partnership, nullity and separation. It deals with the court’s powers and the procedures under which these are exercised.

Chapter

Cover Bromley's Family Law

9. Financial Remedies: Principles and Assessment  

N V Lowe, G Douglas, E Hitchings, and R Taylor

Most of the legislation governing the financial arrangements on the ending of a marriage dates back over 40 years, when attitudes and economic and social factors affecting marriage were very different. This chapter examines courts’ attempts to keep the law in step with societal changes through case law. It considers the statutory criteria; the principles developed from case law; the current approach of the courts; private ordering between the parties; and how the orders made by the courts are altered in the light of subsequent events. It concludes by discussing proposals for reform.

Chapter

Cover Family Law

6. Financial Remedies on Divorce  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on financial remedies on divorce. After outlining key socio-economic data about the family economy and its impact on family members (especially parents) on relationship breakdown, it discusses financial remedies on divorce; the principles governing the grant of those and exercise of the statutory discretion; the clean break principle; private ordering; and reform.

Chapter

Cover Mayson, French & Ryan on Company Law

6. Shares  

This chapter considers one way of becoming a shareholder of a company with a share capital: by taking shares from the company in exchange for a contribution of capital. The number and class of shares of the company that the member holds determines the extent of the member’s undertaking to contribute capital, and of entitlement to share in distributions and vote at meetings. Share allotment in exchange for a capital contribution is explained, and the need for public companies to have a minimum contributed capital is emphasised. The chapter also looks at possible remedies available to a person who has been induced to take an allotment of shares by a misrepresentation, including rescission of contract. Finally, it examines ways of altering a company’s share capital.

Chapter

Cover Mayson, French, and Ryan on Company Law

6. Shares  

This chapter considers one way of becoming a shareholder of a company with a share capital: by taking shares from the company in exchange for a contribution of capital. The number and class of shares of the company that the member holds determines the extent of the member’s undertaking to contribute capital, and of entitlement to share in distributions and vote at meetings. Share allotment in exchange for a capital contribution is explained, and the need for public companies to have a minimum contributed capital is emphasised. The chapter also looks at possible remedies available to a person who has been induced to take an allotment of shares by a misrepresentation, including rescission of contract. Finally, it examines ways of altering a company’s share capital.

Chapter

Cover Family Law

4. Financial Provision on Divorce  

One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences of the divorce, dissolution, or judicial separation. Amongst other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be evaluated and divided accordingly. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts' powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. A number of different scenarios are used to help with this analysis.

Chapter

Cover Concentrate Questions and Answers Family Law

12. Mixed Topic Questions  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. In real life a client is likely to require advice in relation to a number of family law issues and as a consequence, family law assessments sometimes require students to demonstrate knowledge and understanding of a variety of topics. This chapter contains five mixed problem questions that cover more than one area of family law: together they cover forced marriage; nullity; divorce; domestic abuse; legal parenthood; child maintenance; private law relating to children; the resolution of family disputes; financial remedies on divorce; and family property.

Chapter

Cover Concentrate Questions and Answers Family Law

7. Financial Remedies and Child Support  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with financial remedies during divorce, nullity and judicial separation proceedings, and child support. The first question is a problem question that requires discussion of financial support during marriage, financial orders on divorce and the factors contained in s. 25 of the Matrimonial Causes Act 1973. The second problem question focuses on financial orders on divorce and variation and appeal of financial orders. The third question is an essay question on the development of the law relating to pre-nuptial and post-nuptial contracts, whilst the final essay question focuses on child support, which is primarily regulated by the Child Support Act 1991.

Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

16. Remedies I: compensatory damages  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on compensatory damages, the principal remedy for breach of contract, and explores the actionable types of loss. It deals with the various measures of damages, how they are quantified, and discusses the circumstances in which the claimant can recover for non-financial loss. It explores principles of causation and the remoteness of damage test for breach of contract, the requirement of mitigation, and the defence of contributory negligence.