JUDICIOUS ENCOURAGEMENT IN THE COURT OF FINAL APPEAL: NOTHING NEW?
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AbstractThe Court of Final Appeal in KEWS v NCHC had to decide whether an award of ancillary relief may be shaped so as to "judiciously encourage" third parties to use their resources to financially support the party "paying" the ancillary relief. The Court decided that it can take third party resources into account if the previous extent and likely continuation of access to those resources can be satisfactorily determined. Moreover, the Court held this was a reiteration of past practice under the statutory discretion conferred by s 7(1)(a) of the Matrimonial Proceedings and Property Ordinance and not the development of a discrete principle of judicious encouragement. Nonetheless, a review of past precedents demonstrates that, whilst the Court acted within the scope of its statutory discretion, an order so heavily reliant on third party assets deriving neither from a trust nor from a family company is not commonplace. As a consequence of the Court's decision, intending spouses may in future place greater reliance on marital property agreements in an attempt to exclude third party resources from the court's consideration.
All Author(s) ListScully-Hill A
Journal nameHong Kong Law Journal
Year2013
Month1
Day1
Volume Number43
PublisherSWEET MAXWELL LTD
Pages421 - 434
ISSN0378-0600
LanguagesEnglish-United Kingdom
Web of Science Subject CategoriesGovernment & Law; Law; LAW

Last updated on 2020-17-09 at 01:51