Blog
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
Hasan, Statutory Construction, and the Barder Conundrum
By now there will be plenty of material online summarising the decision in Hasan and proffering some commentary. I appeared as junior counsel for the Respondents in the appeal (led by Andrzej Bojarski and Tim Amos KC, instructed by Expatriate Law). The Ap…
- Blog
- Overseas Divorce and the 1984 Act
- Maintenance as a Cause of Action
!01/07/2023 14:21
The Death of a Financial Remedy Claim: the Supreme Court Decision
The Supreme Court handed down judgment in Unger and another (in substitution for Hasan) v Ul-Hasan (deceased and another) [2023] UKSC 22.
- Blog
- Overseas Divorce and the 1984 Act
- Maintenance as a Cause of Action
!28/06/2023 10:01
ADR and Private Family Law Arrangements
In March 2023 two significant consultations were published on the subject of using Alternative Dispute Resolution (ADR) to resolve private family law arrangements. The more substantial consultation published by the Ministry of Justice is entitled Supporti…
- Blog
- MIAMs
- Alternative Dispute Resolution
!19/06/2023 15:48
Cryptoasset Fraud and Recovery - Disclosure and Constructive Trusteeship Through Knowledge / Assistance: The (Financial) Empire Strikes Back
Since HHJ Pelling KC was persuaded to make, amongst other orders, without notice Bankers Trust Orders against two Binance entities in 2021 requiring them to disclose their Know Your Customer details of those alleged to have committed a fraud against the Claimant, there have been many subsequent applications for similar orders against cryptoasset exchanges brought by those who have suffered fraudulent deprivation of their assets.
- Blog
- Crypto
!31/05/2023 10:57
©2024 Class Legal classlegal.com
