Thought Leaders 4 | HNW Divorce

60-seconds With: Elizabeth Doherty Partner, Macfarlanes

What would you be doing if you weren’t in this profession?

I love an old-fashioned book shop and I love freshly cut flowers. So I would be running a book shop-come-florist, where customers can browse with the scent and sight of flowers (and then buy some on the way out!). And if I could squeeze in a coffee shop too, all the better!

Pitting Valuation Theory Against A Fair Outcome?

The recent judgment of Mostyn J in the matter of E v L [2021] EWFC 60 (Fam) again raises the question of the challenge and use of retrospective valuations in matrimonial disputes. The approach of Mostyn J over the years clearly demonstrates that he, and other Judges, are not afraid to adjust expert valuations in order to achieve a fair result for the parties. In our experience, and put simply, retrospective valuations are required to understand the value of assets brought into the marriage and assess the extent to which the current value may be split between matrimonial and nonmatrimonial assets.

Arbitration, And The Joys Of Early Dispute Resolution

The courts continue to struggle with a lack of resources, an overload of work and the after-effects of the pandemic. Regularly, hearings for which the parties have waited months and in respect of which they have incurred significant costs are being vacated by courts with little or no notice. Increasing, parties and advisors are looking for other options to court-based resolution of issues such as alternative dispute resolution (‘ADR’).

The Court System Under Strain

This phrase is used by court offices across the country as the explanation for adjourning hearings, usually with about 24 hours’ notice. Final hearings seem to be the worst affected and an analysis of my own diary over the last year suggests that (in finance at least) such hearings are more likely than not to be adjourned at least once. I have a couple of matters which have been adjourned twice and have heard of cases going through their fourth attempt to find a judge. Delays of 6 months or so between each listing are not uncommon and applications for financial remedies seem to be the worst affected, presumably because matters involving children are given priority. In each case these adjournments lead to unnecessary costs; not just wasted brief fees but inevitably extra correspondence, ongoing interim maintenance and mortgage payments and, in one of my cases, the need (following each of two adjournments so far) to update a chartered surveyor’s valuation of various commercial premises and an accountant’s valuation of a business. That’s a total of four experts’ reports placed in the shredder (or at least deleted).

Knowledge Hub

60-seconds With: Elizabeth Doherty Partner, Macfarlanes

Pitting Valuation Theory Against A Fair Outcome?

Arbitration, And The Joys Of Early Dispute Resolution

The Court System Under Strain

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