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The Express Financial Remedy Pilot – a Fast Track to Success or Turmoil?
A fast-track pilot scheme for financial remedy cases is running from 7 April 2025 to 3 April 2026 in courts in the north of England. It applies by default to all cases started there where net assets (excluding pensions) are less than £250,000. It is possible to request to be removed from the express pilot and it will be interesting to follow the numbers of cases where that is granted.
- Blog
- Express Financial Remedy Procedure
!25/04/2025 14:00
Book Review: Dictionary of the Court of Protection
Sir James Munby reviews the new Dictionary of the Court of Protection.
- Blog
- Book Review
!23/04/2025 09:50
When It’s Good, It’s Very Good… The ES2, Aged Three; a Pedant’s Perspective
On 11 January 2025, the pro forma schedule of assets known to all as the ES2 turned three years old. Just like the little girl (with the little curl, right in the middle of her forehead) of nursery rhyme fame, who one imagines may be of a similar age, when it’s good, it’s very good, and when it’s bad, it’s horrid.
- Blog
- Asset Schedules
!11/04/2025 07:00
Transplanting Costs Order Principles to LSPOs and Legal Costs Funding Orders
In family proceedings, the court has two key tools at its disposal to address the funding of litigation. The first is via an LSPO to meet the incurrence of future legal fees, and the second, quite distinct in nature and purpose, is a costs order, providing for one party to pay the costs that have already been incurred by the other party.
- Blog
- Costs
- Legal Services Payment Orders
!07/04/2025 10:00
The Changing Limits of the Without Prejudice Doctrine (in the Light of the Shift in FPR Part 3)
In this article James Pirrie and Victoria Nottage explore the intersection between the without prejudice doctrine as it applies to mediation and the inquisitorial responsibilities of the court as bolstered by the new protocols.
- Blog
- Without Prejudice
!04/04/2025 07:00
Latest cases
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Duncan Needham v Susan Rosemary Ellis [2024] EWCC 2915 November 2024
HHJ Tindal. An unusual case, involving two appeals arising from longstanding TLATA claims involving the former family home. Mr Needham’s application to vary the consent order which was made in 2017 was refused. He sought ‘permission to apply’ to set aside that refusal, permission being required because of an LCRO. Permission to apply was refused; Mr Needham appealed. This judgment deals with his application to set aside that refusal.
- Cases
- TLATA Claims
- Appeals
- Civil Restraint Orders
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X v Y [2025] EWHC 727 (Fam)11 March 2025
Trowell J. Wife’s unsuccessful appeal against the rejection of her Barrell application to reopen a final order in a needs case following the husband’s father’s death. Trowell J agreed with the trial judge that the husband’s inheritance prospects were uncertain, and the principle of finality ought to be favoured over re-opening the case.
- Cases
- Barrell Applications
- Appeals Out Of Time
- Appeals
- Setting Aside Orders (Including Barder Applications)
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Simon v Simon [2025] EWFC 897 April 2025
Peel J. Cost judgment from Peel J in ‘highly unusual’ financial remedy proceedings, in which a litigation loan provider successfully applied to be joined and to set aside a consent order which prevented them recovering a loan to W.
- Cases
- Conduct
- Costs
- Joinder of Third Parties
- Efficient Conduct
- Consent Orders
- Setting Aside Orders (Including Barder Applications)
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Culligan v Culligan [2025] EWFC 114 January 2025
MacDonald J. An equal division of the matrimonial assets following a 40-year marriage, including a Wells share in favour of W.
- Cases
- Wells Sharing
- Conduct
- Companies
- Crypto
- Valuations
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P v B (Permission to appeal an arbitral award: children) [2025] EWFC 69 (B)10 January 2025
Permission to appeal heard by HHJ Robertson involving a challenge to an arbitral determination in a children matter. Held that the powers of an arbitrator to re-open issues in a case are different to those of a judge, as they operate in different spheres, under different rules and to achieve different outcomes.
- Cases
- arbitration
- Appeals
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