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

• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!07/12/2023 18:27

DR Corner: FPR Part 3 – Out-of-Court Dispute Resolution Options – Perils and Possibilities

Opportunities for resolution away from the court have never been greater – mediation, early neutral evaluation, private FDRs, arbitration – and practitioners continue to take up training in these disciplines. However, although the use of out-of-court resolution continues to increase, too many cases remain within the overburdened court system, cases for which non-court dispute resolution may be suitable.

• Journal

• DR Corner

• Karen Barham

!21/11/2023 07:00

The Valediction of Sir Nicholas Mostyn: The Abdication of the Monarch of the Mountainous Principality of Court 50

On 4 October 2023 in his court, Court 50 of the Royal Court of Justice, surrounded by family, friends, colleagues (and the Lord and Lady Justices from the ‘dark side’) the financial remedy world said farewell to Sir Nicholas Mostyn, and he to us.

• Blog

• Mostyn

!16/10/2023 09:53

Voidable Marriages

Can a declaration of non-recognition of a voidable overseas marriage, where at least one of the parties is domiciled in England and Wales, lawfully be made?

• Blog

• Void Marriage

• Sir Nicholas Mostyn

!20/09/2023 12:18

Domestic Abuse in Financial Remedy Cases

While domestic abuse is one of the issues currently at the top of the family law agenda, it is not as prominent in financial remedy work as it is in children work and professional discussion is limited.

• Journal

• Judith Crisp
• Rosemary Hunter
• Emma Hitchings

!06/07/2022 07:09