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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
Pre-Nuptial Agreement Drafting: Is the Profession Earning ‘an Honest Shilling’?
IntroductionIn the same year when the Law Commission published its report Matrimonial Property, Needs and Agreements and recommended that there be ‘statutory confirmation of the contractual validity of marital agreements’ (1.32), Coleridge J, in his addre…
- Blog
- Nuptial Agreements
- Costs
- Standard Family Orders
- Pre-Nuptial Agreements
!05/12/2022 08:24
Freezing Injunction – Shaky Application: on Thin Ice? J v H [2022] EWFC 133
Peel J was faced with an application for a freezing injunction by the husband seeking to restrain the wife from dealing with her overseas assets. The application had passed through the urgent applications judge in mid October, and by the time of the heari…
- Blog
- Freezing Injunctions
!28/11/2022 14:33
Have We Been Getting It Wrong for the Past 75 Years? Privacy, Secrecy and the Financial Remedies Court
The Go-Between by L.P. Hartley starts with one of the most celebrated opening lines in literature:‘The past is a foreign country; they do things differently there.’Historically, the same could be said of the Family Division, where a husband or…
- Blog
- Publicity and Confidentiality
!22/11/2022 17:00
Cryptoassets – Disarray and Definition
Another interesting week in the world of crypto.
- Blog
- Crypto
!14/11/2022 11:12
