Costs in Needs Cases: Persistent Reluctance
[2026] 2 FRJ 111. Courts remain reluctant to make costs orders in needs cases notwithstanding significant reform in recent years. This should change.
Philip Tait (29 Bedford Row)
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Ma v Roux: Can You Strike Out a Set Aside Application?
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/1917
It was settled in Wyatt v Vince [2015] UKSC 14, [2015] 1 FLR 972 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
The Thwaite Jurisdiction – A Stay of Execution?
The very existence of the Thwaite jurisdiction is controversial.
Thwaite, Benson and L v L
Its origins are (unsurprisingly) found in Thwaite v Thwaite [1981] 2 FLR 280. A consent order was made for the transfer of the matrimonial home in England to the wife on the basis that she
Economic Abuse as ‘Conduct’
The Domestic Abuse Act 2021 (‘DAA 2021’) which came into force on 1 October 2021 created statutory definitions of specific forms of abusive behaviour. ‘Economic abuse’ is defined in s 1(4) as ‘any behaviour that has a substantial adverse effect on B’s ability to (a) acquire, use or
Philip Tait
Philip Tait is a barrister at 29 Bedford Row, which he joined in October 2019 and where he specialises in private family law. He is ranked as a rising star in the Legal 500, where he is described as a ‘formidable barrister’ and an ‘excellent advocate’.