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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
English EU-Equivalent Divorce Jurisdiction Clearly Out of Step With EU Law
When the UK left the EU, and new domestic legislation was needed to replace EU law, the UK government said in relation to divorce jurisdiction of England and Wales that it would follow, be the same as, the EU law. This was for very justifiable reasons of continuity and comity. They incorporated the relevant EU law into domestic legislation. But not word for word.
- Blog
- Divorce Jurisdiction Post-Brexit
!12/02/2024 17:18
The Intersection Between LSPOs and Economic Abuse
Recent years have seen increasing awareness of economic abuse, and how the financial remedy process can be manipulated as a tool of such abuse. However, one aspect of this has had little attention: the intersection between economic abuse and LSPOs.
- Blog
- Domestic Abuse
- Legal Services Payment Orders
!08/02/2024 11:39
The Potanin Litigation: a Look Ahead
On 31 January 2024 the Supreme Court handed down judgment in the case of Potanin and Potanina [2024] UKSC 3, but that is not the end of the story. There are two other grounds which had been raised by the wife in the Court of Appeal, which have been remitted to the Court of Appeal.
- Blog
- Supreme Court
- Part III
- Overseas Divorce and the 1984 Act
- Leave Application
- Setting Aside Orders (Including Barder Applications)
!06/02/2024 11:24
The Law Is an Ass: Goodbye to the Knock-Out Blow – Potanin v Potanina: the Supreme Court Decision
On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanin v Potanina [2024] UKSC 3. These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce. Although the parties in this case have been described as ‘massively rich’ with assets estimated at $20 billion, the judgment will have a significant impact on the way all Part III claims are determined – both in terms of procedure and outcome – going forwards in England.
- Blog
- Supreme Court
- Part III
- Overseas Divorce and the 1984 Act
- Leave Application
- Setting Aside Orders (Including Barder Applications)
!31/01/2024 14:43
The Threat of Adverse Costs Orders in Financial Remedy Cases Has Just Got Higher – Peel J in HO v TL
Peel J’s substantive judgment in HO v TL [2023] EWFC 215 is a compelling masterclass in addressing principle, guidance and the clear disposal of a smorgasbord of financial remedy issues within a must-read 27-page judgment for matrimonial finance practitioners.
- Blog
- Costs
!26/01/2024 14:42
Calling All Undergraduates: Join the Financial Remedies Journal's Essay Competition for 2024
The editorial board of the Financial Remedies Journal is delighted to announce the launch of a new essay competition which is open to any undergraduate law or combined law student from a university in England and Wales.
- Blog
- Essay Competition
!25/01/2024 12:00
Why Become a QLR?
The Family Court has been long overdue for its equivalent of section 38 advocates in criminal proceedings. Essentially, an independent advocate to undertake cross-examination on behalf of a party in circumstances where the court has determined it is not appropriate for that party to cross-examine the witness themselves.
- Blog
- Qualified Legal Representative
!22/01/2024 19:01
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