Speaker:

Tim Scott QC

Published:

Format:

E-Training

Category:

Family

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Leading family law barrister Tim Scott QC who has acted in various reported cases in relation to pre nuptial agreements including Ella v Ella, discusses the seminal decision of the Supreme Court in Radmacher v Granatino.  Test your own practical application of the guidance from the Supreme Court by listening to a series of 5 fictional case studies, which Tim advises on.

What is included?

• 37 minute audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
• Assessment facility – take a multiple choice test online to gain 1 CPD point
• Family Law CPDtracker – keep track of all your CPD points online

Content and Learning Outcomes:

• The Court’s approach to determining Radmacher v Granatino at first instance, in the Court of Appeal and Supreme Court
• The distinction between post nuptial agreements and pre nuptial agreements in McLeod and the new approach adopted by the Supreme Court in Radmacher
• The approach to needs, compensation and sharing
• The principles to be applied in cases where pre and post nuptial agreements feature
• Balancing competing principles of individual autonomy and fairness
• The practical application of principles developed in Radmacher are brought to life in this podcast with a series of 5 fictional case studies focusing on:
  • protection of a shareholding in a family company
  • structuring a pre nuptial agreement that provides for needs but excludes the sharing principle
  • when not to draft an agreement
  • needs based claims in cases involving pre nuptial agreements
  • outright financial provision (vs) unmarried parent provision
• Future developments in relation to pre and post nuptial agreements
  

Who Should Listen:

• Solicitors
• Barristers
• Paralegals
• Legal Executives

Level of Expertise: Advanced

Please click here for a FREE 10 minute demo

This podcast follows on from An Introduction to Pre- and Post-Nuptial Agreements

Tim Scott QC Barrister, 29 Bedford Row

Tim Scott was called to the bar in 1975.  He took silk in 1995 and was appointed as a Recorder in 1999. His practice at 29 Bedford Row encompasses all aspects of family law, particularly ancillary relief disputes which he combines with a private children law practice.

Tim has been involved in several recent reported cases, including:

• Agbaje v Agbaje [2010] 1 FLR 1813 where the Supreme Court considered a wife’s claim for financial relief after an overseas divorce under Part III of the Matrimonial & Family Proceedings Act 1984. 
• M v M [2010] 1 FLR 256 where the Court granted an issue based costs order
• Paulin v Paulin [2009] 2 FLR 354 where the Court of Appeal considered whether a trial judge 
  could reverse his decision to annul a bankruptcy order having at first declined to do so .

Tim lectures regularly and is a member of the IAML and FLBA.  He is also one of a growing number of collaboratively trained counsel.

NG v KR (Pre Nuptial Contract) [2008] EWHC 1532 (Fam), [2009] 1 FLR 1478
Radmacher v Granatino [2009] EWCA Civ 649, [2009] 2 FLR 1181
Radmacher v Granatino [2010] UKSC 42
Maceod v MacLeod [2009] 1 FLR 641
Matrimonial Causes Act 1973
White v White [2000] 2 FLR 981

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with Family Law is maintained online and is accessible to you for two years/until you delete your CPDtracker account.

• Add the audioCPD(s) to your cart and pay by credit card
• You will receive an email with your username and password
• Log into MyCPD to access the files at your convenience
• Listen to the audioCPD and answer 3 out of 5 multiple choice questions correctly to gain your CPD point