
Blog
London – ‘Divorce Capital of the World’?
A speech placing a spotlight on the legislation which currently governs post-divorce financial awards in England and Wales, the Matrimonial Causes Act 1973, which marks its milestone 50th birthday this year.
- Blog
- divorce
!25/10/2023 09:43
Is It Time to Consign the ‘Gasp’ Factor to the History Books?
In the private law arena, the Family Court has taken huge strides forward in its understanding and approach to coercive control, following the landmark case of Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448. We know now that domestic abuse and coercive control is linked with poorer financial outcomes for victim-survivors and their children, and that the harm victim-survivors experience is caused by coercion and control – not only by the severity of the injury from a specific incident.
- Blog
- Domestic Abuse
- Coercive Control
!18/10/2023 14:23
The Valediction of Sir Nicholas Mostyn: The Abdication of the Monarch of the Mountainous Principality of Court 50
On 4 October 2023 in his court, Court 50 of the Royal Court of Justice, surrounded by family, friends, colleagues (and the Lord and Lady Justices from the ‘dark side’) the financial remedy world said farewell to Sir Nicholas Mostyn, and he to us.
- Blog
- Mostyn
!16/10/2023 09:53
At a Glance Conference
On 11 October 2023 financial remedy practitioners from around the country attended the epic Class Legal At a Glance annual conference, sponsored by 3PB Barristers. A report from Amy Beddis.
- Blog
- At A Glance
!13/10/2023 11:28
James v Seymour – Now a Barder Event?
A change in the law may be unforeseen but will other judges agree with Cobb J that a change of judicial direction is unforeseeable?
- Blog
- Barder Applications
- Setting Aside Orders (Including Barder Applications)
!11/10/2023 15:16
Honesty – a Barrister’s Primary Code of Conduct
In financial remedy work, negotiating with opposing counsel is a daily occurrence and essential to the exercise is the premise that neither barrister will seek to mislead the other in the process.
- Blog
!09/10/2023 21:14
Advice for the Young at Heart
Pupillages are commencing. There was recently some chatter in my chambers about what a family law pupil should have read or at least be aware of. Engaging though this conversation was, it got me thinking about what advice is not to be obviously found in t…
- Blog
- Pupillages
!05/10/2023 22:47
BF v LE [2023] EWHC 2009 (Fam) – When Will a Lack of Special Measures Lead to a Judgment Being Set Aside?
Lieven J considered and refused an appeal made on two grounds: (a) lack of capacity; and (b) that contrary to FPR 3A and PD 3AA, no participation directions had been put in place for the wife at the final hearing despite her vulnerability, such that the final hearing had not been Article 6 ECHR compliant.
- Blog
- Special Measures
- Setting Aside Orders (Including Barder Applications)
!02/10/2023 08:51
A Primer on Pensions and Percentages: AFW v RFH [2023] EWFC 119
The judgment of Recorder Laura Moys in the matter of AFW v RFH [2023] EWFC 119 gives a wonderful demonstration of four important factors.
- Blog
- Pensions on Divorce
!27/09/2023 10:16
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