Blog
Financial Remedy – Online Portal
As of 31 January 2023 – Mandation Day – all applications for a financial remedy must be submitted and managed using the online portal. There will be a transition period to 28 February 2023 when applications on paper will continue to be processed but after…
- Blog
!03/02/2023 14:56
Things lawyers believe they know, but sometimes don’t – the ‘without prejudice rule’
Recent experience in practice shows that there remains at times some real misunderstanding within the profession as to when before the court it is permissible to refer to a ‘without prejudice’ offer made between parties and when it is not.
- Blog
- Without Prejudice
!25/01/2023 14:24
Crypto – Update
The Law Commission's work on digital assets continues.
- Blog
- Crypto
!18/01/2023 09:00
Family Justice: Ostiis Apertis? Or a mantle of inviolable secrecy? A challenge to those who would keep the doors closed
Sir James Munby takes stock of important developments since the President published the outcome of his Transparency Review: Confidence and Confidentiality: Transparency in the Family Courts.
- Blog
- Transparency
!12/01/2023 15:51
Myerson No. 1 and FPR 9.17(2): What Can the FDR Judge Actually Do?
There has long been disagreement over what an FDR judge can – and cannot – do where agreement has not been reached between the parties and, in particular, whether he or she can (and if so should) make directions for a final hearing.By virtue of FPR 9.17(2…
- Blog
- FDRs
!09/01/2023 23:53
Announcement: Financial Remedies Practice 2023/24
The authors are presently writing the 2023/24 edition, which is expected to be published by Class Publishing in April 2023.They have decided that the section of the Commentary on Part 27 concerning the applicability of the open justice principle to financ…
- Blog
- Transparency
- Open Justice
!09/01/2023 12:33
Oil on Troubled Waters
Hudson v Hathway [2022] EWCA Civ 1648 is another dispute in the seemingly never-ending conveyor-belt of cases about real ownership of a home. The property – Picnic House – (the litigation being anything but a picnic) was upon its acquisition i…
- Blog
- TOLATA
- Property
- Land
- Trusts
!05/01/2023 23:12
Child Maintenance Outside the Child Maintenance Service: Where Are We Now?
In the majority of cases child maintenance is determined exclusively by the formula prescribed by the Child Maintenance Service (CMS). In summary it is a percentage of the paying parent’s income with deductions for overnight care. But there are some exceptions where the English family court may have the power to make orders in relation to child maintenance.
- Blog
- Child Maintenance
!19/12/2022 12:02
Form C, The Efficiency Statement and What Judges Expect to See
The Form C, also called the allocation order, is the order that the court makes at the same time as issuing the Form A. Well, that is interesting, you may be thinking. Bear with me, dear reader because I now mention the Financial Remedy Portal versus Fami…
- Blog
- Efficient Conduct
!16/12/2022 19:33
Valuing Pensions on Divorce: CMX v EJX
Cases involving pension commentary are rare from the Family Court at High Court level, and so it was with great interest I found myself digesting the judgment by Moor J in the recent case of CMX v EJX (French Marriage Contract) [2022] EWFC 136…
- Blog
- Pensions on Divorce
- Valuations
!13/12/2022 13:45
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