Blog
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The Use and Misuse of the Rubric in the Family Courts
In a familiar line of cases of which the first was BT v CU [2021] EWFC 87, [2022] 1 WLR 1349, and the last In re PP (A Child: Anonymisation) [2023] EWHC 330 (Fam), and Augousti v Matharu [2023] EWHC 1900 (Fam), Mostyn J has explosively ignited a most necessary debate about the anonymisation of judgments in financial remedy cases.
- Blog
- Reporting Restriction Order
- Anonymity
!08/01/2024 10:23
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Fresh Carrot, Bigger Stick: Forthcoming Rule Changes and the ‘Encouragement’ of NCDR
FPR Part 3 has historically been underused. This is strange given that FPR 1.4 provides that the court ‘must further the overriding objective by actively managing cases’ and FPR 1.4(2)(f) states that active case management includes ‘encouraging the parties to use a non-court dispute resolution’, or ‘NCDR’, ‘procedure if the court considers that appropriate and facilitating the use of such procedure.’
- Blog
- NCDR
- Out of Court Dispute Resolution Options
!03/01/2024 13:22
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Some Reflections on the Launch of the Second Edition of the Pension Advisory Group Guide to Pensions on Divorce
The Pension Advisory Group have just published a second edition of their Guide to the Treatment of Pensions on Divorce – ‘PAG2’.
- Blog
- Pensions on Divorce
!20/12/2023 10:48
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Tectonic Developments for Non-Court Dispute Resolution in the Family Court? The Family Procedure (Amendment No. 2) Rules 2023/1324
On 29 November 2023, the Court of Appeal decided Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416. It held that a whole generation of lawyers and judges had misunderstood Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, which had previously been understood to be binding authority for the proposition that the court cannot compel parties to engage in mediation.
- Blog
- NCDR
- Out of Court Dispute Resolution Options
!07/12/2023 18:27
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Dickson v Rennie: Right or Wrong
Can the court determine it has jurisdiction to order child maintenance even when there isn't a maximum CMS assessment in force?
- Blog
- Jurisdiction
- Child Maintenance
!04/12/2023 09:22
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Two Important Cases in One Day: Churchill v Merthyr Tydfil and TUI v Griffiths
As the old saying goes, you wait ages for a London bus; then two arrive at once: Griffiths & Churchill.
- Blog
- Experts
- Out of Court Dispute Resolution Options
!30/11/2023 17:15
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Xanthopoulos v Rakshina: LSPOs – Twelfth Time a Charm?
Where one party asserts that the court has no jurisdiction to bring a particular application, a court can make an order for interim maintenance and/or a costs allowance (whether under statute or common law). The same principles apply where the claim for substantive relief appears doubtful.
- Blog
!27/11/2023 13:59
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Cohabitation and Labour's Commitment to Changing the Law: What Reform Might Look Like
This post reflects on what reform of the law on cohabitation might look like. Drawing upon insights from comparative family law, it explores and contrasts two different models of cohabitation reform and will highlight how they have been received in practice.
- Blog
- Cohabitation
!23/11/2023 07:00
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Where Property, Insolvency and Estate Administration Law Collide
A hearing last week raised some interesting and unusual points of property, insolvency and estate administration law. Since it is unlikely to be reported, being an extempore judgment from a Deputy Master, it is shared here.
- Blog
!07/11/2023 12:05
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When Are Pensions Too Small to Worry About?
Jacqueline Butler v Earl Butler [2023] EWHC 2453 (Fam) was an interesting case that ended up in front of Mr Justice Moor on appeal following the order of Recorder Anderson.
- Blog
- Pensions on Divorce
!03/11/2023 12:44