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Working with the forensic accountant and dealing with dissipation, evasion and third party rights
Bristol - May 23rd - 2pm - 5.30pm
Leeds - June 27th - 2pm - 5.30pm
Jeffrey Nedas, Jeffrey Nedas & Co
Nicholas Trompeter, Selborne Chambers
“The Family Division applies precisely the same principles, and in precisely the same way, as the Chancery Division, or for that matter the Queen’s Bench Division …” So said Munby J in Whig v Whig.
This interactive workshop session will consider some of those principles, in particular, relating to freezing injunctions, proprietary injunctions, and third-party property rights. These often crucial facets of financial remedy proceedings may have a significant bearing on the availability of assets for distribution at the end of the day.
We will consider the following sorts of issues:
- What is the difference between a freezing injunction and a
proprietary injunction? Does it matter?
- On what basis can you apply for such an injunction?
- How can you resist or set aside a freezing or proprietary injunction?
- What do you do if you suspect a spouse has entered into a sham or
some other questionable or unlawful transaction to avoid his (or her)
- How (if at all) do you take into account third party rights over
About the presenters
Jeffrey has over 35 years’ experience advising clients throughout the UK and abroad. This enables Jeffrey to put forward and contribute to commercial, and sensible, solutions in the Settlement process: these seek to unlock value from assets and income streams in a tax effective and commercial manner. Jeffrey is known for his practical, constructive and commercial approach to achieving financial settlements – especially where there is limited liquidity.
Jeffrey is an Affiliate Member of Resolution and is one of the first financial professionals to be trained in Collaborative Law. He is the “Expert Accountant” member of the London Collaborative Law Pod, “Collaborative Solutions”.
Nicholas Trompeter, Selborne Chambers
Nick is recommended in Chambers & Partners and Legal 500 in three practice areas: (1) Real Estate / Property Litigation; (2) Commercial Chancery Litigation; and (3) Professional Negligence. Nick is the co-author of Warwick & Trompeter, Break Clauses, (2nd Edition, Jordans 2016) and is appointed to the Attorney-General’s B Panel of Counsel. He has been awarded ‘Real Estate’ junior barrister of the year in The Legal 500 Awards 2019.
Nick has been recognised as a leading junior barrister in the legal directories continuously since 2013. In the most recent edition of Chambers & Partners (2019), Nick is described as: “A very beguiling advocate who is plainly extremely intelligent. He is headed for the top”; with a “wonderfully calm manner in court” and able to draft “excellent” advice and pleadings; “very responsive and user-friendly, and is an authoritative voice on break clauses”; he has “strong expertise in landlord and tenant work and real estate more generally” giving an “excellent grounding in professional negligence disputes in the property sector”; he is a “bright junior whose practice includes civil fraud, property and insolvency litigation” who is praised for “his advocacy” and “ability to think outside the box”; also “a really excellent, bold junior”; “applauded for his clear and concise advice”; a barrister who handles “top-level property work as part of a wider commercial chancery practice that is heavy on professional liability and asset recovery work.”
In the most recent edition of the Legal 500 (2018), Nick is also recognised as a “continually rising star in the property litigation world” and being “good with clients and experts.”