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Arbitration Gone Awry? Challenging Awards

Family law arbitration is currently experiencing a burst in popularity. Whilst it has been available for financial cases in England and Wales since 2012, and for children cases since 2016, its use became far more prevalent during the pandemic. Since then, seeing the numerous benefits, practitioners have gladly added it to their toolbox to try to help resolve matters efficiently and effectively for their clients. Arbitration allows proceedings to be ended in a timely and cost-efficient manner, with multiple issues able to be resolved in one forum. Given the current delay in the court system, and the associated costs this delay can generate, arbitration is becoming a popular alternative. This also means the number of reported cases involving arbitration is gradually increasing as well, resulting in helpful guidance for those making their first forays into this evolving area.

‘Managing’ The Press in a High Profile Dispute - Is “No Comment” An Option?

Date: 27/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Kathryn Adamson - LegalComms

The Role of External Experts in HNW and A-List Litigation

Date: 27/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Arabella Murphy - Propitious

“The rich are different from you and me”, F Scott Fitzgerald wrote. Ernest Hemingway’s retort, “Yes, they have more money”, has some truth in the context of litigation. The wealthy usually have the same kinds of legal disputes as anyone else (contractual, marital, inheritance and so on), but they have more funds to litigate them and there’s more money at stake.

Is Trust Provision in a Will Ever Reasonable Financial Provision for a Surviving Spouse?

Date: 27/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Oliver Auld - Charles Russell Speechlys

The modern family can pose a variety of difficulties for high-net-worth individuals when it comes to their estate planning. But perhaps the most common dilemma arises where the individual holds the bulk of the family’s wealth and has a spouse and one or more children from previous relationships, all of whom need to be provided for. In those circumstances, how does the individual make suitable provision for the surviving spouse whilst ensuring the bulk of the wealth ultimately passes to the children?

A Family Affair: The Risks of Going Into Business With Your Family

Date: 24/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Victoria Pigott, Philippa Rees & Jenny Vipond - Mishcon de Reya

Viewers of Succession will be familiar with siblings squabbling over who succeeds Dad as the next CEO of the multi-billion family business empire. Yet behind the gloss of TV drama, similar scenarios play out in real businesses, as the stresses and challenges of running a business are magnified with the added dimension of personal and family relationships. Such businesses have the potential to be incredible successes but can equally degenerate into bitter inter-generational and/or sibling feuds. So how do family businesses navigate both the legal and personal landscape and make a success of their business? Reflecting on the statutory framework, recent case law and practical considerations, we consider how family boards can function effectively and sidestep the potential pitfalls.

Nuptial Agreements: Where Are We Now?

Date: 24/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Jennifer Dickson - Withersworldwide

The Supreme Court decision of Radmacher v Granatino [2010] UKSC 42, handed down at the start of my family law career, has undoubtedly been the most significant decision of it so far. It saw Nicolas Granatino receive a much lower award than he had expected, and crucially, heralded a seismic change in the approach of judges and practitioners to nuptial agreements.

Unlocking Hidden Wealth: The Growing Role of Open-Source Intelligence in High Net Worth Disputes and Divorce

Date: 23/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Ryan Kyle - Neon Century

High Net Worth (HNW) disputes and divorce cases often involve complex financial, legal, and personal relationships, joint assets across multiple jurisdictions. In such cases, the ability to gather accurate and comprehensive information is crucial. Open-Source Intelligence (OSINT) has emerged as a valuable resource in these high-stake situations, uncovering hidden assets, financial irregularities, and pertinent information to facilitate successful client outcomes. In this article, we will explore the value proposition that an OSINT company offers in HNW disputes and divorce proceedings, illuminating how this burgeoning new field of intelligence is having a major impact on the HNW divorce world.

ESG Investments & The Scope of a Trustee’s Powers in Guernsey

Date: 23/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Abel Lyall, Iona Mitchell & Mariam Marquard - Mourant

One of the questions that trustees have been asking in recent years is to what extent they may use their powers to invest in assets that meet environmental, social and governance criteria (ESG investments). Although ESG may not be a new concern for many HNWs, many in the industry have seen an increasing number of clients prioritising ESG, and this issue will likely only become more relevant as society becomes more ESG-focused.