Speaker:

Katherine Kelsey

Published:

Format:

E-Training

Category:

Family

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Get up to the minute expert case law analysis.  This extended podcast provides commentary on current trends in relation to variation of maintenance applications and capital division in the ongoing uncertain economic climate.  Katherine discusses key developments, the approach to division of pre and post acquired income and assets as well as the latest procedural developments in this podcast.

What is included?

• 57 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:

• Variation of periodical payments orders, in particular:
  • factors the court will consider when assessing a variation
  • the impact of cohabitation
  • guidance when capitalising and terminating periodical payments
• Resolution of capital claims, in particular:
  • the approach to capital division in uncertain economic times
  • factors that constitute a ‘good reason’ to depart from equality when applying the sharing principle
  • case law developments in relation to inherited, gifted and business assets
• Case law trends in relation to pre & post acquired income and assets
• The treatment of trusts in ancillary relief cases:
  • when a trust will constitute a ‘financial resource’
  • the courts approach and applicable principles in trusts cases
• Procedural developments in relation to:
  • application to delay pronouncement of Decree Absolute
  • service of documents and the court’s jurisdiction under Brussels II Revised
  • admission of fresh evidence upon Appeal
• The implications of Imerman and Radmacher 

Who Should Listen:

• Solicitors
• Barristers
• Legal Executives
• Paralegals

Level of Expertise: Intermediate

Please click here for a FREE 10 minute demo

*This audioCPD is a little dated and now part of the archive

Katherine Kelsey Barrister, 1 King's Bench Walk

Katherine Kelsey was called in 2003 and is a Barrister at 1 King’s Bench Walk who specialises in the following areas of Family Law:

Ancillary Relief – Katherine advises and acts in all areas of matrimonial finance.  She has experience in dealing with complex cases involving the assertion of third-party interests in properties and interveners.

Other Financial Relief – Katherine advises and acts in relation to claims brought under the Trusts of Land and Appointment of Trustees Act 1996 and Schedule 1 of the Children Act 1989.

Private Law Children – Katherine advises and acts in all areas of private law proceedings relating to children at every level including High Court.  She has experience in dealing with complex cases involving intractable contact disputes.

Hvorostovsky v Hvorostovsky [2009] EWCA Civ 791, [2009] 2 FLR 1574
Grey v Grey [2009] EWCA Civ 1424, [2010] 1 FLR 1764
Vaughan v Vaughan [2010] EWCA Civ 349, [2010] 2 FLR 242
Lyons v Lyons [2010] EWCA (Civ) 177, [2010] 2 FLR 39
J v J [2009] EWHC 2654 (Fam), Charles J, 21 January 2010
N v N [2010] EWHC 717 (Fam), [2010] 2 FLR 1093
R v R [2009] EWHC 1267
J v J [2009] EWHC 2654
B v B (Ancillary Relief: Post-Separation Income) [2010] EWHC 193, [2010] 2 FLR 1214
K v L [2010] EWHC 1234
C v C (Ancillary Relief: Trust Fund) [2009] EWHC 1491 (Fam), [2010] 1 FLR 337
B v B (Ancillary Relief) [2010] EWHC 3422, [2010] 2 FLR 887
Miller Smith v Miller Smith (No 2) [2009] EWHC 3623 (Fam), [2010] 2 FLR 351
Weiner v. Weiner [2010] EWHC 1843
Kaur v Matharu [2010] EWCA Civ 930
Imerman v Tchenguiz & Others [2010] EWCA Civ 908, [2010] 2 FLR 814
Radmacher (formerly Granatino) v Granatino [2010] UKSC 42

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.