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Report of the Duxbury Working Party (provisional), September 2024
The Duxbury Working Party have just released their provisional report. It has been prepared without any prior public consultation and is published provisionally to allow interested parties to respond. Responses should be emailed to j.rainer@qeb.co.uk by 1 November 2024 and will be considered by the Working Party ahead of publication of their final report which is intended to be on 15 November 2024.
- Blog
- Duxbury Capitalisation
!02/10/2024 13:31
Till Debt Do Us Part: Bankruptcy and Financial Remedies
Financial remedies practitioners are well-accustomed to advising parties in straitened financial circumstances. Often the central question is how to stretch the available resources to ensure both parties have a roof over their heads. However, when one or both parties find themselves in serious financial difficulty, a less familiar issue may arise: the interplay between the Insolvency Act 1986 and the Matrimonial Causes Act 1973.
- Blog
- Bankruptcy
!01/10/2024 08:00
Who’s Courtney? And Is She Helpful?
On 10 September 2024, the first ever audio-visual legal library – demonstrating the key hearings and processes in English financial family law – arrived. Twenty years after YouTube landed, it is now possible to view the practical activity within an FDR, for example. Unlike the well-known digital libraries supplied by the international publishing giants, this library is available to all, not just those within/studying the law.
- Blog
- Tech Corner
!27/09/2024 08:00
Ma v Roux: Can You Strike Out a Set Aside Application?
It was settled in Wyatt v Vince [2015] UKSC 14 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits. But is that the end of the matter? In Ma v Roux [2024] EWHC 1917 (Fam) Francis J heard an appeal from HHJ Reardon.
- Blog
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
!25/09/2024 17:32
Enhancing Public Understanding of Financial Remedies on Divorce
Why is it that lawyers think that the principles underpinning financial remedies are clear, and yet the public are often perplexed? The issue is one of communication, or rather translating the law into plain English.
- Blog
- Public Understanding
- Financial Remedies
- Client Communication
!20/09/2024 09:44
Latest cases
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Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024
Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.
- Cases
- Sharing Principle
- Housing Need
- Loans
- Appeals
- Debts
- Needs
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A v M (No 2) [2024] EWFC 2141 August 2024
Sir Jonathan Cohen. Dispute over enforcement of a FR order giving W a share of the proceeds the husband received from a private equity fund where part of the investments in that fund were carried into a continuation fund.
- Cases
- Construction Of A Final Order
- Continuation Funds
- Enforcement
- Private Equity Funds
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DH v RH (No 4) (Costs) [2024] EWFC 11424 May 2024
MacDonald J. Costs judgment following hearing in contentious case involving costs amounting to 23% of the assets.
- Cases
- Conduct
- Costs
- Add-Backs
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DH v RH (No 3) (Final Hearing) [2024] EWFC 7918 April 2024
MacDonald J. Final hearing in contentious case involving high legal costs and allegations of wanton dissipation.
- Cases
- Costs
- Add-Backs
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RN v TT [2024] EWFC 264 (B)14 June 2024
HHJ Hess. W (51) and H (49) cohabited in a flat in W’s sole name from late 2003 and married in 2004. W was a GP. H was a former painter and decorator.
- Cases
- Pensions on Divorce
- Delay
- Needs
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