Blog
Ma v Roux: Can You Strike Out a Set Aside Application?
It was settled in Wyatt v Vince [2015] UKSC 14 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits. But is that the end of the matter? In Ma v Roux [2024] EWHC 1917 (Fam) Francis J heard an appeal from HHJ Reardon.
- Blog
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
!25/09/2024 17:32
Enhancing Public Understanding of Financial Remedies on Divorce
Why is it that lawyers think that the principles underpinning financial remedies are clear, and yet the public are often perplexed? The issue is one of communication, or rather translating the law into plain English.
- Blog
- Public Understanding
- Financial Remedies
- Client Communication
!20/09/2024 09:44
Are You Guilty of Money-Laundering? A Tale of Chinese Cotton, Lawyer’s Fees and Unintended Consequences
It is not often that a family law blog warns ordinary hard-working honest family lawyers that they might be unwitting criminals. This is that blog. You should read it.
- Blog
- Money Laundering
!17/09/2024 10:43
A v M (No. 2) – Construing a Court Order After the Unforeseen Occurs
How should provisions of a court order that are in dispute be construed?
- Blog
- Consent Orders
!12/09/2024 08:00
They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg
In Stack v Dowden [2007] UKHL 17, at [49], Baroness Hale said that ‘[n]o-one now doubts that … an express declaration [of trust] is conclusive unless varied by subsequent agreement or affected by proprietary estoppel’. In Re Cynberg [2024] EWHC 2164 (Ch), James Pickering KC dismissed the appeal of two trustees in bankruptcy.
- Blog
- Stack
- Declarations of Trust
- Estoppel
- Trusts
!09/09/2024 14:54
The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case
Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are Rhys Taylor's tips for award writing.
- Blog
- arbitration
- NCDR
!05/09/2024 11:00
Absence of Authority?
In all the debate about ‘transparency’ of family proceedings, sight is almost invariably lost of the signal feature of a court case: it is among the more significant interactions in our polity between a citizen and an organ of the state. Secret dealings between state courts and private citizens are, as Lord Shaw said in Scott v Scott, an attack upon the very foundations of public and private security.
- Blog
- Transparency
- Publicity and Confidentiality
!01/09/2024 21:38
Help to Shape How Pensions on Divorce Reports Are Prepared
The Institute and Faculty of Actuaries (the IFoA) is looking for family lawyers to join a new working party looking at Pensions on Divorce.
- Blog
- Pensions on Divorce
!30/08/2024 08:40
Cohabitation and Separation: When Does the Clock Start and Stop?
Since the two seminal decisions of the House of Lords in White v White [2000] 2 FLR 981 and Miller v Miller; McFarlane v McFarlane [2006] 1 FLR 1186, the question of when parties commenced cohabitation has assumed an important significance, alongside the question of when they separated.
- Blog
- Cohabitation
!22/08/2024 08:00
Cohabitation Reform Under the New Labour Government: Moving From a ‘Whether’ to a ‘What’?
The law around cohabitation has been ripe for reform for many years. As far back as 2007, the Law Commission of England and Wales recommended that it be updated, so as to safeguard couples against uncertainty and injustice in the event of relationship breakdown.
- Blog
- Cohabitation
!20/08/2024 08:00
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