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Tectonic Developments for Non-Court Dispute Resolution in the Family Court? The Family Procedure (Amendment No. 2) Rules 2023/1324
On 29 November 2023, the Court of Appeal decided Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416. It held that a whole generation of lawyers and judges had misunderstood Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, which had previously been understood to be binding authority for the proposition that the court cannot compel parties to engage in mediation.
- Blog
- NCDR
- Out of Court Dispute Resolution Options
!07/12/2023 18:27
Dickson v Rennie: Right or Wrong
Can the court determine it has jurisdiction to order child maintenance even when there isn't a maximum CMS assessment in force?
- Blog
- Jurisdiction
- Child Maintenance
!04/12/2023 09:22
Two Important Cases in One Day: Churchill v Merthyr Tydfil and TUI v Griffiths
As the old saying goes, you wait ages for a London bus; then two arrive at once: Griffiths & Churchill.
- Blog
- Out of Court Dispute Resolution Options
- Experts
!30/11/2023 17:15
Xanthopoulos v Rakshina: LSPOs – Twelfth Time a Charm?
Where one party asserts that the court has no jurisdiction to bring a particular application, a court can make an order for interim maintenance and/or a costs allowance (whether under statute or common law). The same principles apply where the claim for substantive relief appears doubtful.
- Blog
!27/11/2023 13:59
Cohabitation and Labour's Commitment to Changing the Law: What Reform Might Look Like
This post reflects on what reform of the law on cohabitation might look like. Drawing upon insights from comparative family law, it explores and contrasts two different models of cohabitation reform and will highlight how they have been received in practice.
- Blog
- Cohabitation
!23/11/2023 07:00
Latest cases
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Steels v Steels [2023] EWHC 2985 (Ch)21 November 2023
Fancourt J as Vice-Chancellor of the County Palatine of Lancaster. Mother's successful appeal against the finding that her son had a beneficial interest in her home arising from proprietary estoppel.
- Cases
- Proprietary Estoppel
- Detrimental Reliance
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Y v Z [2023] EWFC 20526 October 2023
HHJ Hess. H and W divorced in 2013 following a 14-year marriage. H had maintained a successful career working in business finance.
- Cases
- Litigation Friend
- Variation Applications
- Costs
- Capacity
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A Wife v A Husband [2023] EWFC 2009 November 2023
HHJ Willans. Financial remedy application involving a single issue, namely, what were W’s housing needs and how should those needs be funded.
- Cases
- Debts
- Needs
- Children Act 1989 Schedule 1 Applications
- Agreements
- Jurisdiction
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AZ v BZ (Financial Remedies Appeal) [2020] EWFC B8622 May 2022
HHJ Vincent. Appeal by H of a financial remedy order where on a clean break basis the assets were divided 99/1 in favour of W.
- Cases
- Setting Aside Orders (Including Barder Applications)
- Needs
- Personal Injury Awards
- Appeals
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TRNS v TRNK [2023] EWFC 13310 August 2023
Cohen J. W not held to PNA due to material non-disclosure by H in not updating disclosure which he knew/believed to be out of date.
- Cases
- Disclosure
- Agreements
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