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'A Matter of Clarification' – Written Questions to Experts
A party’s ability to put written questions to an expert – both one instructed by another party or a single joint expert – is provided for by FPR 25.10. The rule dictates that questions put to an expert must inter alia both be 'proportionate' (r.25(2)(a))…
- Blog
- Experts
!19/05/2022 07:00
The ES2 – Amendments
The new asset schedule in the form of the ES2 Excel spreadsheet has helped focus practitioners’ minds, and save time at court, since its introduction in January 2022. However, there have been some minor glitches which could benefit from the odd tweak. Wit…
- Blog
- Asset Schedules
!11/05/2022 09:00
Vulnerable Witness Training – Not Just For Children Practitioners
Within the Family Court there is a growing understanding of the importance of ensuring that the court process is adapted for those that are vulnerable. The effects of this evolution in professional focus have perhaps been most keenly felt in children case…
- Blog
- Witnesses
- Evidence
!06/05/2022 11:01
Hudson v Hathway [2022] EWHC 631 (QB)
Before I sat down to read Hudson v Hathway [2022] EWHC 631 (QB) and write this blog, I was primed ready to come up with a flashy introductory sentence. Something along the lines of, “once in a generation something so monumental happens in the Law of…
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- Trusts
!04/05/2022 13:30
Time Out: Abide By the Rules – or Else! Analysis of WC v HC [2022] EWFC 22 (Peel J)
IntroductionWhen the former President announced a number of years ago the ambition of creating a Financial Remedies Court, it was clearly stated that the intention was to produce a modern and efficient justice system. At the same time, there was a warning…
- Blog
- Efficient Conduct
!22/04/2022 09:00
Will ADR Be the Only Way in the Future to Avoid Publication of Financial Remedy Cases?
As I was reading through the judgment of Collardeau-Fuchs v Fuchs [2022] EWFC 6, which dealt solely with the issue of maintenance pending suit, I noted that the parties have agreed to attend a private FDR to attempt to agree the outstanding financial clai…
- Blog
- Alternative Dispute Resolution
!04/04/2022 07:00
Tech Corner: The Remarkable 2, for Family Lawyers?
We date ourselves with our I.T. My generation grew up on the ZX Spectrum, 48K. The noise of Jet Set Willy loading on a cassette tape is an iconic sound of my childhood. I graduated without ever having owned a PC. Hershman & McFarlane was famously birthed on a pair of Amstrad word processors. Mostyn, then a junior barrister, imagined the Form E into existence with an IBM PS/2 (720KB).
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- Journal
- Tech Corner
!01/04/2022 05:54
Armed Forces Pension Scheme: Points to Consider…
I am often instructed in cases involving military professionals which, in turn, encompass armed forces pensions. There are additional issues to consider in these cases which often add another level of complexity. Here, I flag up some issues which I often…
- Blog
- Pensions on Divorce
!30/03/2022 07:00
Can a Litigation Funder Rely on Any Form of Equitable Lien
Funding family proceedingsLS v PS [2021] EWFC 108 (23 December 2021), Roberts J concerns an application by a litigation funder (Q), as intervener in financial provision proceedings, for disclosure of material arising between a husband and wife and in rela…
- Blog
- Litigation Funding
- Equitable Lien
!25/03/2022 16:49
Capital Gains Tax – Changes on the Horizon?
In November of 2021, the government accepted the Office of Tax Simplification’s (OTS) proposals regarding the tax year of separation. If enacted into legislation, these changes could have a significant impact on the way that Capital Gains Tax (CGT) applie…
- Blog
- Capital Gains Tax
!09/03/2022 10:00
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