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Single and Joint: Peel J Discusses Expert Evidence in BR v BR [2024] EWFC 11
In BR v BR [2024] EWFC 11, Peel J took the opportunity, in his role as head of the FRC, to ‘do a written judgment as one or two points of principle arise’. Specifically: the use of single joint experts in financial remedy proceedings. This is an important decision informing family lawyers how cases should be conducted.
- Blog
- Single Joint Experts
- SJE
!03/04/2024 10:25
Quantifying Periodical Payments by Reference to the Needs Principle: Surveying the Wood Not the Trees
Tensions between competing propositions in financial remedy cases are not unusual. Is there also tension when determining the quantum of the applicant’s budget?
- Blog
- Periodical Payments
- Needs
!28/03/2024 11:43
AS v RS and Part III Applications
Legal and academic commentary since Potanina has focused on how the decision is likely to give rise to many more applications to set aside leave. What then, of the costs consequences for the unsuccessful applicant who now finds themselves either (i) being listed on notice on an inter-partes basis so the court can determine the question of leave having had the benefit of hearing from both parties, or (ii) having obtained leave ex parte, finds themselves having to defend the court’s decision to grant permission without hearing from the respondent when that respondent inevitably applies to set aside the grant of leave?
- Blog
- Part III
- Costs
!22/03/2024 16:13
Fabricated Judicial Decisions and ‘Hallucinations’ – a Salutary Tale on the Use of AI
The Information Commissioner’s Office defines Artificial Intelligence (AI) as ‘an umbrella term for a range of algorithm-based technologies that solve complex tasks by carrying out functions that previously required human thinking’. There can be no doubt that the use of AI within the legal market is growing rapidly.
- Blog
- AI
!21/03/2024 05:54
Rough Justice
Costs cases in family proceedings used to be few and far between, but a recent decision of Arbuthnot J in the case of KS v VS [2024] EWHC 278 (Fam) has caused something of a stir in the profession.
- Blog
- Summary Assessment
- Costs
!15/03/2024 11:35
Tousi v Gaydukova [2024] EWCA Civ 203
Sir Andrew McFarlane, Moylan LJ and Holroyde LJ. Transfer of tenancy under s 53 of the Family Law Act 1996: an appeal by the Husband of the decision of Mostyn J dismissing his appeal of an order for a transfer of tenancy on the basis that the parties' ‘non-marriage’ status resulted in them being ‘cohabitants’ under paragraph 3 for the purposes of the Act.
- Blog
!13/03/2024 22:31
Spring Budget 2024 Summary
Wednesday’s Spring Budget included a number of tax and benefits features that will impact divorcing couples. Peter Smith discusses the main points from a Family Lawyer’s perspective.
- Blog
!07/03/2024 16:10
Applications for Leave Under MFPA 1984 Part III: Which Costs Rules Inform (or Govern)?
What costs rules apply to an application for permission/leave pursuant to the Matrimonial and Family Proceedings Act 1984, s 13?
- Blog
- Costs
- Leave Application
!05/03/2024 16:23
What Is the True Extent of FDR Privilege?
In L v O (Stay of Order; Hadkinson Order; Security for Costs) [2024] EWFC 6 (26 January 2024) Cobb J considered whether a judge hearing a Barder (or Thwaite) application can/should be made aware of what took place at the FDR appointment where the original order was agreed and where this may be relevant to 'foreseeability'.
- Blog
- Privilege
!19/02/2024 16:04
Guideline Hourly Rates on Costs: Addendum
In KS v VS (Judgment – Summary Assessment of Costs – Civil Guide) [2024] EWHC 278 (Fam) (12 February 2024), Arbuthnot J referred to H v GH [2023] EWFC 235 and the question raised by DHCJ Simon Colton KC as to the relevance or otherwise of the guideline hourly rates.
- Blog
- Guideline Hourly Rates
- Costs
!15/02/2024 07:43
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