Ancillary Relief in UK Law

Leading Cases
  • White v White
    • House of Lords
    • 26 October 2000

    In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles. If, in their different spheres, each contributed equally to the family, then in principle it matters not which of them earned the money and built up the assets.

  • Jenkins v Livesey (formerly Jenkins)
    • House of Lords
    • 13 December 1984

    It follows necessarily from this that each party concerned in claims for financial provision and property adjustment (or other forms of ancillary relief not material in the present case) owes a duty to the court to make full and frank disclosure of all material facts to the other party and the court. This principle of full and frank disclosure in proceedings of this kind has long been recognised and enforced as a matter of practice.

  • Gojkovic v Gojkovic (No. 2)
    • Court of Appeal (Civil Division)
    • 30 April 1991

    That starting point, in my judgment, is that costs prima facie follow the event (see Cumming-Bruce L.J. in Singer v. Sharegin (1984) FLR 114 at p. 119) but may be displaced much more easily than, and in circumstances which would not apply, in other Divisions of the High Court.

  • Edgar v Edgar
    • Court of Appeal (Civil Division)
    • 23 July 1980

    Important too is the general proposition that, formal agreements, properly and fairly arrived at with competent legal advice, should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreement.

  • Akinnoye-Agbaje v Akinnoye-Agbaje
    • Supreme Court
    • 10 March 2010

    The amount of financial provision will depend on all the circumstances of the case and there is no rule that it should be the minimum amount required to overcome injustice. Second, it will never be appropriate to make an order which gives the claimant more than she or he would have been awarded had all proceedings taken place within this jurisdiction. Third, where possible the order should have the result that provision is made for the reasonable needs of each spouse.

  • Parra v Parra
    • Court of Appeal (Civil Division)
    • 20 December 2002

    But the outcome of ancillary relief cases depends upon the exercise of a singularly broad judgment that obviates the need for the investigation of minute detail and equally the need to make findings on minor issues in dispute. The quasi-inquisitorial role of the judge in ancillary relief litigation obliges him to investigate issues which he considers relevant to outcome even if not advanced by either party. Equally he is not bound to adopt a conclusion upon which the parties have agreed.

  • A v A
    • Family Division
    • 29 January 2007

    There is only one law of 'sham', to be applied equally in all three Divisions of the High Court, just as there is but one set of principles, again equally applicable in all three Divisions, determining whether or not it is appropriate to 'pierce the corporate veil.'

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Legislation
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Books & Journal Articles
  • Ancillary Relief: Complicating the Search for Principle
    • No. 38-2, June 2011
    • Journal of Law and Society
    Calls have been made for clarification of ancillary relief law in England and Wales. The judicially created objective of fairness is said by many to be indeterminate and to lack a principled founda...
  • Ancillary Financial Relief and Fat Cat(tle) Divorce
    • No. 65-1, January 2002
    • The Modern Law Review
  • US CONSIDERATIONS RESPECTING FINANCIAL INSTITUTION INSOLVENCY
    • No. 4-1, January 1996
    • Journal of Financial Regulation and Compliance
    • 47-66
    This paper first generally discusses United States bank liquidations under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), and addresses the purposes and impact up...
    ... ... The second section discusses the use of ancillary bank-ruptcy petitions in the United States to aid in the liquidations of ... with a discussion of the availability of plenary bankruptcy relief for foreign bank holding companies and foreign banks not engaged in ... ...
  • INDEX
    • No. 38-4, December 2011
    • Journal of Law and Society
    ... ... 9 6 Alison DIDUCK: Ancillary Relief: Complicating the Search for Principle ... 272 Gillian ... ...
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Law Firm Commentaries
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Forms
  • Graduated Fees Reference to a Judge
    • HM Courts & Tribunals Service court and tribunal forms
    Fees forms, including the EX160 form to apply for help with court and tribunal fees.
    ... ... Family Injunctions (family proceedings (other than those for ancillary relief ) for an injunction, committal order, or other ... order for the ... ...
  • Apply for 'bolt-on' payments and advocate's bundle payments
    • HM Courts & Tribunals Service court and tribunal forms
    Court Costs form EX80A to issue a legal aid assessment certificate.
    ... ... than those for ancillary relief or Public law Children) ... Between 350 and 700 pages ... ...
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