Blog
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
!20/09/2023 12:18
Financial Remedies Practice 2023/24 – a Review
A review of Financial Remedies Practice 2023/24, by Kathryn Cassells, Senior associate, Vaitilingam Kay.
- Blog
- Financial Remedies
- Book Review
!05/09/2023 21:56
To Deduct or Not to Deduct: That Remains the Question After Collardeau-Fuchs
Regarding a lesser commented upon aspect of Lord Nicholls of Birkenhead’s speech in White v White [2000] 2 FLR 981.
- Blog
- Financial Remedies
- Net Values
!05/09/2023 08:38
Koukash v Koukash – Can a Party Waive Privilege on Their Own WP Offer?
The heightened importance of negotiating openly and reasonably has led to parties seeking to unilaterally open up without prejudice offers, based on a misunderstanding of the distinction between without prejudice privilege and legal professional privilege. Both are common law rules and affect the admissibility of evidence. However they otherwise have nothing to do with one another.
- Blog
- Waiver of Privilege
- Costs
- Privilege
!01/09/2023 10:04
DH v RH
In their recent article for the Financial Remedies Journal, ‘Living under an LSPO’, Amy Scollan and Henry Hood explored the many challenges of those operating under a Legal Services Payment Order and the need for Court of Appeal guidance. The recent judgment in DH v RH [2023] EWFC 111 creates further cause for concern.
- Blog
- Legal Services Payment Orders
!21/08/2023 08:08
Public Sector Pensions Remedy (Mccloud) Changes to Benefits from 1 October 2023 – Implications for Pensions on Divorce Settlement
The purpose of this blog is to point out one aspect of the changes taking place for most Public Sector Schemes from 1 October 2023 and, as a result of that, what action may be needed.
- Blog
- Pensions on Divorce
!16/08/2023 08:17
Excluding s 25(2)(g) ‘Conduct’ from Consideration at an Interim Stage – Strike-Out or Summary Judgment by Another Name?
Dmitry Tsvetkov v Elsina Khayrova [2023] EWFC 130 (4 August 2023) per Peel J has much of interest to say in relation to MCA 1973 s 25(2)(g) ‘conduct’.
- Blog
!11/08/2023 09:00
Orders Under Senior Courts Act 1981 s 39 – Can the Court Act in Anticipation of Default?
The judgment of Michael Horton KC (sitting as a Deputy District Judge) in AW v AH [2022] EWFC 195 raises an interesting jurisdictional question as to when the court’s powers arise to make an order under the Senior Courts Act 1981 s 39.
- Blog
!02/08/2023 14:33
The Duty to Advise – Analysis of Lewis v Cunningtons Solicitors [2023] EWHC 822 (KB)
The frequency of solicitors' use of client signed disclaimers has increased over the last decade. The form and practice of doing so is not consistent nor is it often preceded with a full understanding on either side of the legal standing or effect of what is being signed. Accordingly, the recent 50-page judgment in Lewis v Cunningtons Solicitors will be of particular interest for practitioners.
- Blog
- Client-Signed Disclaimers
!24/07/2023 06:22
Post-Separation Accrual in CG v DL – Are We Back to an Arbitrary Approach?
Practitioners will be more than familiar with the authorities that underly the principle of non-matrimonial property. It is a judicial construct created to give effect to a ‘good reason’ to depart from the ‘equal sharing principle’…
- Blog
- Matrimonial and Non-Matrimonial Property
!18/07/2023 22:39
©2023 Class Legal classlegal.com
