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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
NCDR Redux: The Impact of October’s CPR Amendments
One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes ‘any failure by a party, without good reason, to attend non-court dispute resolution’ a basis to depart from the general starting point that there should be no order as to costs.
- Blog
- NCDR
!16/08/2024 08:00
HJB v WPB: Beware the Preliminary Issue
It is entirely appropriate for the factual question of either the existence of an agreement (if in dispute), or whether one party ought to be entitled to resile therefrom on the so-called Edgar grounds or otherwise, to be heard as a preliminary issue. However, beware any suggestion that the court should embark on a consideration of the status of any such agreement as a preliminary issue, with no consideration of the surrounding circumstances or s 25 factors.
- Blog
- Pre-Nuptial Agreements
!16/08/2024 07:00
A Fabulous Interview
Sir Nicholas Mostyn makes two observations about Baroness Hale’s comments on transparency.
- Blog
- Publicity and Confidentiality
!13/08/2024 09:25
N v J: the Last Word on Domestic Abuse as Conduct?
On Monday last week, in In N v J [2024] EWFC 184 (15 July 2024), Mr Justice Peel handed down the most recent authority on pleading conduct pursuant to s 25(2)(g) of the Matrimonial Causes Act 1973. Those interested in this area have been keen to see whether Mr Justice Peel, as the Lead Judge of the Financial Remedies Court, would move the dial either in terms of procedure, or the application of the substantive law. Like all of Mr Justice Peel’s judgments, it is erudite, comprehensive and concise. It is also timely.
- Blog
- Domestic Abuse
- Conduct
!24/07/2024 10:05
What Is a ‘Predicament of Real Need’?
In Radmacher (Formerly Granatino) v Granatino [2010] 2 FLR 1900 at [81] Lord Phillips of Worth Matravers said that of the three strands identified in White v White [2000] 2 FLR 981 and Miller/McFarlane [2006] 1 FLR 1186 it was needs and compensation which could most readily render it unfair to hold the parties to an ante-nuptial agreement. But what is the meaning of ‘predicament of real need’?
- Blog
- Pre-Nuptial Agreements
- Needs
!16/07/2024 14:38
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