Penningtons Manches Cooper

This Practice Note considers the various types of insurance policies that may be held by parties to financial remedy proceedings, including life assurance, medical insurance and endowment policies. It also sets out the circumstances in which it may be desirable for a new policy to be put into effect and drafting considerations when dealing with insurance policies.

This Practice Note sets out different types of overseas pension plans and their features as well as valuation, procedural and enforcement issues that may be encountered by family practitioners when dealing with overseas pensions within financial proceedings, as well as the impact of Brexit, specifically the revocation of the EU Maintenance Regulation.

This Practice Note provides an introduction to cryptoassets from the perspective of a corporate crime practitioner, who may be advising a company on criminal risks associated with cryptoassets. It covers why crypto assets pose a particular problem for UK criminal investigators/authorities, why and how criminals exploit them and what kinds of offences can be committed in relation to cryptoassets including fraud, money laundering and regulatory offences. It also considers the definition of cryptoassets as property within the criminal jurisdiction.

This Practice Note provides practical guidance on what a trust is and the treatment of trust assets in family financial remedy proceedings. It also considers relevant case law, the circumstances in which trust assets may be considered to be available to a party as a financial resource, and ‘judicious encouragement’ orders in relation to the trustees of a trust.

ARCHIVED: This Practice Note has been archived and is not maintained. It examined the data protection and personal data sharing issues arising in a cross-border investigations involving US and EU companies before the decision in the case of Facebook Ireland and Schrems and IP completion day. It included information on the types of investigators may be involved, the types of interviews conducted and what issues of legal privilege may arise. It also explained what counts as personal data and how personal data can be transferred for the purposes of an investigation from the European Economic Area (EEA) to a territory outside the EEA, the changing position on the safe harbor framework and the introduction of the EU-US Privacy Shield.

This Practice Note explores the use of metatags and keyword advertising by website and brand owners. It examines the potential liability of search engines, online marketplaces and advertisers for trade mark infringement through analysis of applicable legislation and case law.

This Practice Note explains the offences relating to the misuse or mishandling of personal data under the Data Protection Act 2018 (DPA 2018). It covers the data protection offence of unlawfully obtaining of data, re-identification of de-identified data, the alteration of personal data to prevent disclosure, the prohibition of requirement to produce relevant records as well as the offences which can be committed during an investigation by the Information Commissioners Office (ICO) of obstruction, making a false statement in response to information notices and destroying or falsifying information. The Practice Note also explains the scope of these data protection offences, the available defences as well as the maximum sentences which can be imposed on conviction.

This Practice Note explains what a pension attachment order made in family proceedings (previously referred to as an earmarking order) is and sets out which pension benefit rights can be attached and which cannot. It also details the key features of a pension attachment order, the risks of such orders and steps that may be taken to reduce risk, variation issues and tax consequences.

This Practice Note explains what a pension sharing order is within family proceedings and sets out which pension rights can be shared and which cannot be shared. It also sets out the key features of a pension sharing order including pension credits and pension debits, variation issues, tax consequences and the approach to overseas pensions.

This Practice Note sets out the pension options in relation to judicial separation or separation proceedings, in which pension sharing is not available. It outlines pension attachment orders and offsetting as well as other potential solutions to protect pension interests and procedure, valuation, appeals and the effect of remarriage.

This Practice Note provides guidance on the variation of pension sharing orders and pension attachment orders made in family proceedings, together with appeals. It also sets out the procedural aspects of both variation and appeals and considers capitalisation applications.

This Practice Note sets out the procedure to be followed when applying for a pension sharing order or a pension attachment order within family proceedings including the form of application, information required in relation to the pension scheme, steps to be taken during the proceedings, drafting the order, and steps to effect implementation. It also details the requirements for the use of Form P1 or Form P2.

A glossary for family lawyers of commonly used terminology in relation to pension provision, including the wide range of pension schemes available, methods of funding and administering schemes, and the ways in which pensions may be dealt with on relationship breakdown within family proceedings.

This Practice Note sets out the different types of state pension, the qualifying criteria, implications within divorce/dissolution, nullity or separation proceedings, obtaining information and disclosure, and orders that may be made by the court in family proceedings. It reflects the reform of state pensions and provides guidance on the consequences in a family law context.

This Practice Note considers the various types of public sector pension schemes and specific factors to take into account when dealing with such schemes in the context of family proceedings including key features, benefits, valuation and the impact of measures to remove unlawful discrimination arising from reforms carried out in 2015 (the McCloud remedy). It also details key practical points to note when dealing with a public sector pension.

This Practice Note considers the legal framework involved in a student’s relationship with their higher education provider with reference to student discipline. It considers the contractual relationship with the student, the interrelationship with public law, statutory duties, and criminal law. It details the types of misconduct that could lead to disciplinary proceedings, as well as matters to be considered before proceedings are commenced.

This Practice Note sets out the criteria for the Pension Protection Fund to pay compensation to the members of an occupational pension scheme and the method and consequences of assessment for entry into the scheme in the context of family proceedings. It also sets out the implications in relation to divorce/dissolution proceedings, the relevant procedure within financial remedy proceedings, and the scope of the separate Financial Assistance Scheme.