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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
Notionally Flawed? Notional Assessments in LSPO Applications
The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a ‘notional standard assessment’.
- Blog
- Legal Services Payment Orders
!11/07/2024 18:37
Important Development in the Marinos/Munro Saga
Although the judgment by Recorder Allen KC in TI v LI [2024] EWFC 163 (B) (21 June 2024) is not binding, and the comment is obiter, it contains a helpful analysis of the current state of the law. After considering the background the judge adopted a purposive approach and took the view that habitual residence was required throughout the whole period rather than just on the day of issue.
- Blog
- Habitual Residence
!08/07/2024 15:10
AT v BT: The Return of Compensation
In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as ‘the proper approach of the court to the sharing principle and to the principle of compensation’ given that ‘the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case’. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).
- Blog
- Compensation
- Assets
- Needs
!20/06/2024 19:41
Dame Jennifer Roberts: An Appreciation
On 13 June 2024 a packed Lady Chief Justice’s Court was the scene of affectionate tributes to Mrs Justice Roberts, known to all as Jenny, who died on 10 June 2024. The sadness evident on that occasion and in writing an obituary for Jenny is mingled with the pleasure of recalling such a fine and lovely person.
- Blog
- Journal
- Obituaries
!18/06/2024 13:42
A Brilliantly Logical Approach to Dealing with Pensions
In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.
- Blog
- Pensions on Divorce
!13/06/2024 21:02
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