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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
Breaking the Glass Ceiling – DR v UG [2023] EWFC 68
In a landmark judgment handed down by Mr Justice Moor, a wife has been awarded 50% of the parties’ assets in a £284 million ‘big money’ case, after the husband failed to establish that there should be a departure from equality b…
- Blog
!17/07/2023 22:45
Groundhog Day: a Response to the Report of the Financial Remedies Sub-Group of the Transparency Implementation Group
The Financial Remedies Sub-Group of The Transparency Implementation Group, chaired by HHJ Farquhar, has produced its long-awaited Final Report, dated April 2023 but published in May 2023.
- Blog
- Transparency
!06/07/2023 08:46
Law Commission: Digital Assets
The Law Commission’s long awaited report on Digital Assets has just been published. I commented on the consultation paper in my blog of 14 November 2022. Since that time the Law Commission has analysed the responses to the paper, examined the work o…
- Blog
!05/07/2023 15:17
A 'Magisterial' Judgment – the Highest Praise for Mr Justice Mostyn: a Comment by Sir James Munby
In Mr Justice Mostyn – An Appreciation on His Forthcoming Retirement [2023] FRJ 77 I referred more than once to his important decision in Hasan v Ul-Hasan, decd and another [2021] EWHC 1791 (Fam), [2022] Fam 1, [2022] 1 FLR 1033. I said that he had…
- Blog
!04/07/2023 10:57
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