Blog
NCDR Update – Are the Tides Turning for Failing to Mediate?
Looking back over the last 12 months, 29 April 2024 was an important day for financial remedy practitioners. This was the date the rules concerning NCDR changed. The changes make ignoring the NCDR options a costs hazard. It seemed inevitable that costs orders would follow.
- Blog
!20/05/2025 12:05
Legal Research, AI and the Canary in the Mineshaft
One of the sobering experiences of training to be a lawyer – the dawning realisation that it isn’t all dramatic cross-examination and fighting for the underdog – is legal research. Like learning a new language (let’s say, German), it’s a long and often tedious process. Some trainees, admittedly, seem to enjoy the tedium more than others. I was firmly in the ‘not enjoying this tedium’ camp.
- Blog
- AI
!09/05/2025 09:04
Judicial Immunity: an Update
A decision in Australia in August 2023 held that a family court judge at first instance had no judicial immunity when taking a decision outside his power and distinctive family court jurisdiction and was liable in damages to one of the parties. I wrote an extensive article and commentary for the Financial Remedy Journal. The case has now gone to appeal to Australia’s highest court, and it has been held that the previous decision was wrong and the judge and others acting on his orders do have immunity. This important decision may well be followed in other common law jurisdictions. This summarises the position.
- Blog
- Judicial Immunity
!06/05/2025 07:00
Standish – Reporting Remotely from the Front Line
On Wednesday 30 April 2025 I was sat at home in London, feeling somewhat retired but eager to know what the Supreme Court has to say about matrimonialisation of property and the sharing principle. So too were Mr and Mrs Standish.
- Blog
- Sharing Principle
- Gifts
!02/05/2025 11:11
Apportioning Pension Assets to the Marital Period in Divorce
Dividing pension assets is critical for a fair divorce settlement. This summary focuses on pension sharing, the legal splitting of pension rights between divorcing parties via a Pension Sharing Order, applicable in England and Wales.
- Blog
- Pensions
!01/05/2025 13:00
Chattels: What If They Are Not to Be Divided by Agreement?
Chattels are often in dispute between parties to financial remedy proceedings. However their division is something their lawyers are very happy not to get involved with. Little is more likely to lead to a sigh of relief than the words ‘Chattels – to be divided by agreement’.
- Blog
- Chattels
!28/04/2025 14:00
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
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