Latest blog posts
Financial Remedy – Online Portal
As of 31 January 2023 – Mandation Day – all applications for a financial remedy must be submitted and managed using the online portal. There will be a transition period to 28 February 2023 when applications on paper will continue to be processed but after…
Things lawyers believe they know, but sometimes don’t – the ‘without prejudice rule’
Recent experience in practice shows that there remains at times some real misunderstanding within the profession as to when before the court it is permissible to refer to a ‘without prejudice’ offer made between parties and when it is not.
- Without Prejudice
Crypto – Update
The Law Commission's work on digital assets continues.
Family Justice: Ostiis Apertis? Or a mantle of inviolable secrecy? A challenge to those who would keep the doors closed
Sir James Munby takes stock of important developments since the President published the outcome of his Transparency Review: Confidence and Confidentiality: Transparency in the Family Courts.
Myerson No. 1 and FPR 9.17(2): What Can the FDR Judge Actually Do?
There has long been disagreement over what an FDR judge can – and cannot – do where agreement has not been reached between the parties and, in particular, whether he or she can (and if so should) make directions for a final hearing.By virtue of FPR 9.17(2…
Financial Remedies Journal - 2023 Issue 1 | Spring
Issue 1 of 2023 will follow in the spring, but time-sensitive articles may appear here in advance. Cryptocurrency and the Family Courts – Some International Experiences by Prof David Hodson OBE KC(Hons) MCIArb is now available to read.
Timokhin v Timokhina  EWHC 58 (Fam)
Roberts J. Was a decision to stay a Sch 1 application pending conclusion of proceedings in another jurisdiction a substantive or procedural one?The parties were Russian nationals and parents to two children, aged 11 and 18. The children had lived in Londo…
- Children Act 1989 Schedule 1 Applications
- Striking Out Applications
HD v WB  EWFC 2
Peel J. Financial remedy proceedings concerning the circumstances surrounding a PNA and the weight, if any, to be attached to it. Realisable assets almost entirely in W’s name exceeded £43m. H sought for the PNA to be completely disregarded as it was ente…
A (former wife) v A (former husband)  EWFC 4
Recorder Laura Moys. Helpful approach to case management with exceptionally difficult LiP.W was 57, H 59. They separated after 30 years of marriage, producing one child (now aged 30). The assets were worth £1.3m. W was a manager at her local county counci…
- Managing Difficult Hearings
(1) Dixon (2) Dixon v The Crown Estate Commissioners  EWHC 3256
Judge Hodge KC. The claimants sought vesting orders in respect of two properties, following the striking off and dissolution of the company (in which the claimants had previously been shareholders) which was the registered proprietor. The Crown disclaimed…
- Proprietary Estoppel
Hudson v Hathway  EWCA Civ 1648
Lewison, Andrews and Nugee LJJ. Second appeal on whether detriment remained a requirement of a constructive trust, given not mentioned in either Stack or Kernott.Unmarried couple, house in joint names. On separation, parties agreed that Ms Hathaway would…
- s 53 LPA 1925
- Detrimental Reliance
- TOLATA Claims