Speaker:

MIke Horton

Published:

Format:

E-Training

Category:

Family

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As the economy undergoes continuing turbulence, the number of individual bankruptcy petitions is expected to increase.  Family law practitioners need to be aware of the impact of bankruptcy orders on financial remedy proceedings, particularly when acting for claimant spouses.  Join Michael Horton, barrister at Coram chambers as he shares his practical tips on how to deal with the challenges presented by bankruptcy proceedings in the family law context.

What is included?

• 33 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:

• Overview of bankruptcy procedure
• How to obtain information about bankruptcy proceedings to protect a claimant client in financial remedy proceedings
• Tips on securing financial provision when acting for a claimant in financial remedy proceedings against a bankrupt
• Preserving assets for the claimant in financial remedy proceedings, where a bankruptcy petition is imminent
• Practical advice on negotiating a bullet proof settlement for your claimant client which the trustee in bankruptcy cannot unpick
• Drafting do’s and don’ts in relation to:-
  • Orders for sale; and
  • Mesher orders
• Practical tips when dealing with bankruptcy in financial remedy proceedings
  

Who Should Listen:

• Solicitors
• Barristers
• Legal Executives
• Paralegals

 LEVEL OF EXPERTISE: INTERMEDIATE

Mike Horton Barrister, Coram Chambers

Mike Horton is a barrister at Coram Chambers. His practice is wide ranging but mainly focussed on ancillary relief, injunctions, private children and property law.  Mike also deals with cases involving family companies, discretionary trusts, pension sharing, offshore trusts, avoidance of disposition orders, criminal confiscation orders and Barder appeals.  He has particular experience of cases involving third party intervenors, as well as property claims in ancillary relief proceedings. He is also regularly consulted where there is a bankruptcy issue related to financial remedy proceedings and he has lectured widely on the topic.

Mike also has a substantial practice in claims for financial provision for children under Schedule 1, Children Act 1989.  He is often involved in concurrent Schedule 1 and Trusts of Land proceedings, in addition to claims under the Inheritance (Provision for Family and Dependants) Act 1975 in both the family courts and the Chancery Division.  Mike has an extensive practice in property disputes between cohabitants and other family members under s14 of the Trusts of Land and Appointment of Trustees Act 1996. His children practice includes acting for parents and children in all forms of private law proceedings, including international child abduction.

Mike’s recent reported cases include:

Fallon v Fallon [2010] 1 FLR 910 which concerned the correct approach when considering a general mistake of fact. 

Gourisaria v Gourisaria [2011] 1 FLR 262 involving competing ancillary relief and property proceedings in England and  India. 

Mike is a trained collaborative lawyer.  He was featured in Legal Experts and in Legal 500 (2009) and was recommended for 'having an excellent reassuring client manner that instils confidence’.  Mike has written extensively on family law matters and is author of Family Homes and Domestic Violence: The New Legislation (FT Law & Tax 1996), he co-authored Residence and Contact: A Practical Guide (FT Law & Tax 1996) and Child Support: A Practitioner’s Guide (FT Law & Tax 1996). 

• Matrimonial Causes Act 1973
• Insolvency Act 1986
   http://www.insolvencydirect.bis.gov.uk/eiir/
• Trusts of Land and Appointment of Trustees Act 1996
• Kernott v Jones [2011] UKSC 53
• Hellyer v Hellyer [1996] 2 FLR 579
• Burke v Chapman & Chubb [2008] 2 FLR 1207
• Mountney v Treharne [2003] Ch 135
• Paulin v Paulin [2009] 2 FLR 354
• Mullard v Mullard [1982] 3 FLR 330
• Hill v Haines [2008] 1 FLR 1192
• Re Jones (A Bankrupt); Ball v Jones [2008] 2 FLR 1969
• Warwick v Yarwood [2010] EWHC 2272 (Ch)
• Turner v Avis & Avis [2008] 2 WLR 1, [2009] 1 FLR 74
• Mekarska v Ruiz and Boyden [2011] EWHC 913
  

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.