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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
!07/12/2023 18:27
Dickson v Rennie: Right or Wrong
Can the court determine it has jurisdiction to order child maintenance even when there isn't a maximum CMS assessment in force?
- Blog
- Jurisdiction
- Child Maintenance
!04/12/2023 09:22
Two Important Cases in One Day: Churchill v Merthyr Tydfil and TUI v Griffiths
As the old saying goes, you wait ages for a London bus; then two arrive at once: Griffiths & Churchill.
- Blog
- Out of Court Dispute Resolution Options
- Experts
!30/11/2023 17:15
Xanthopoulos v Rakshina: LSPOs – Twelfth Time a Charm?
Where one party asserts that the court has no jurisdiction to bring a particular application, a court can make an order for interim maintenance and/or a costs allowance (whether under statute or common law). The same principles apply where the claim for substantive relief appears doubtful.
- Blog
!27/11/2023 13:59
Cohabitation and Labour's Commitment to Changing the Law: What Reform Might Look Like
This post reflects on what reform of the law on cohabitation might look like. Drawing upon insights from comparative family law, it explores and contrasts two different models of cohabitation reform and will highlight how they have been received in practice.
- Blog
- Cohabitation
!23/11/2023 07:00
Where Property, Insolvency and Estate Administration Law Collide
A hearing last week raised some interesting and unusual points of property, insolvency and estate administration law. Since it is unlikely to be reported, being an extempore judgment from a Deputy Master, it is shared here.
- Blog
!07/11/2023 12:05
When Are Pensions Too Small to Worry About?
Jacqueline Butler v Earl Butler [2023] EWHC 2453 (Fam) was an interesting case that ended up in front of Mr Justice Moor on appeal following the order of Recorder Anderson.
- Blog
- Pensions on Divorce
!03/11/2023 12:44
Important Part III Case in Supreme Court
The appeal in Potanin and Potanina will consider in what circumstances it is appropriate for the English family court to allow a former spouse to make an application for financial provision in England after a foreign divorce pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
- Blog
- Overseas Divorce and the 1984 Act
!31/10/2023 11:15
Graeme Fraser’s A–Z of Cohabitation
Graeme Fraser needs no introduction in the cohabitation world. This is his A–Z of Cohabitation.
- Blog
- Cohabitation
!27/10/2023 10:15
Final Hearings: a User’s Guide
This article is intended as aide memoire of the various procedural, professional and legal rules that should be borne in mind at a final hearing. It is not intended as a counsel of perfection, but rather a reminder of certain things which we do not encounter on a weekly basis.
- Blog
- Family Procedure Rules
!26/10/2023 07:00
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