Counting The Cost Of S25 Conduct In Ancillary Relief

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Speaker:
Henry Hood
Published:
Format:
E-Training
Category:
Family

This detailed case law review analyses the historical and statutory basis of s25 conduct, the key components of a conduct claim, establishing conduct by reference to physical violence, financial misconduct, bigamy and litigation misconduct. Henry also assesses the impact of s25 conduct on the ancillary relief award.

What is included?

  • 31 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
  • Supporting downloadable documents include: PDF checklist to identify key elements of conduct

Content and Learning Outcomes

  • The historical and statutory basis of s25 conduct
  • The key components of s25 conduct
  • Establishing s25 conduct by reference to
  • physical violence
  • financial misconduct
  • bigamy
  • sex change
  • litigation misconduct
  • The impact of s25 conduct on a financial award
  • Case law review

Who Should Listen

  • Solicitors
  • Barristers
  • Legal executives
  • Paralegals

Level of Expertise: Intermediate

 

Please click here for a FREE 10 minute demo

Henry Hood Partner, Hunters

Henry Hood qualified in 1987, becoming a partner at Hunters in 1991. At that time he was a civil litigator. He began working in the area of family law in 1995, and now does little else, the bulk of his work being all aspects of Ancillary relief, which he combines with a private law Children practice.

In both specialisations he has experience of international issues and he is a member of the International Academy of Matrimonial Lawyers

The Legal 500 says that Henry is ‘invaluable’ and does what‘s best for both parties, particularly when there are children involved’.

Meanwhile the Chambers and Partners directory says that Henry ‘brings vast experience, clarity and equilibrium to complicated situations.’

  • Divorce Reform Act 1969
  • Matrimonial Proceedings and Property Act 1970
  • Matrimonial Causes Act 1973
  • Matrimonial and Family Proceedings Act 1984
  • Wachtel [1973] 1 All ER 113
  • Armstrong [1974] 4 Fam Law 156
  • Jones v Jones [1976] Fam 8
  • Bateman [1979] 2 WLR 377
  • S v S (1982) Fam Law183
  • Hall v Hall [1984] FLR 631
  • Kyte [1988] 1 FLR 469
  • Evans v Evans [1989] 1 FLR 351
  • K v K [1990] 2 FLR 225
  • Le Foe v Le Foe [2001] 2 FLR 970
  • Clark v Clark [1999] 2 FLR 498
  • Whiston v Whiston [1995] 2 FLR 268
  • Rampal v Rampal [2001] 2 FLR 1179
  • J v S-T (Formerly J) (Transsexual: Ancillary Relief) [1997] 1 FLR 402
  • P v P [1994] 2 FLR 381
  • M v M (Financial Provision: Party Incurring Excessive Costs) [1995] 3 FCR 321
  • Al-Khatib v Masry [2002] 1 FLR 1053
  • H v H [2006] 1 FLR 990
  • FS v JS [2007] 1 FLR 1496
  • Miller v Miller [2006] 1 FLR 1186
  • McCartney v Mills McCartney [2008] 1 FLR 1508
  • C v T [2009] All ER (D) 43 (Jun) referred to on appeal as K v. L [2010] EWCA Civ 125

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

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