Judicial Immunity: An Extraordinary Case and a Worrying Warning from Australia

An extraordinary decision in August 2023 of the Federal Court of Australia has highlighted for English judges the risks of being sued for damages and the potential inadequacy of the defence of judicial immunity.

• Journal

• Judicial Immunity

• Professor David Hodson OBE KC(Hons) MCIArb

!01/07/2024 07:00

Financial Remedies Case Round-Up (Mid-January 2024 to end April 2024)

Polly Morgan rounds up cases from the first third of 2024, including Schedule 1 cases, Transfers of tenancy and Qualified Legal Representatives.

• Journal

• Polly Morgan | Case Editor

!01/07/2024 07:00

Pre-nuptial Agreements – A Good Route to Autonomy?

Every family lawyer knows that the validity of pre-nuptial agreements (pre-nups) is at the mercy of the judge’s discretion, yet a freely entered agreement that is not unfair will be given decisive weight.

• Journal

• Pre-Nuptial Agreements

• Dr Sharon Thompson

!01/07/2024 07:00

Evidencing Earning Capacity: Expert Assessments with Potential for both Cooperation and Conflict

Embarking on divorce proceedings is not just the end of one chapter of life but the start of a new one. Judges determining applications for financial remedies on divorce or dissolution of civil partnership aim to ensure that the former spouses are each on as stable a financial footing as possible as they enter into that new chapter.

• Journal

• Earning Capacity

• Helen Brander

!01/07/2024 07:00

Tousi v Gaydukova – Must Parties to a Void Marriage First Seek a Nullity Order before Obtaining an Order for the Transfer of a Tenancy?

The distinction between void, voidable and non-qualifying ceremonies can be difficult to discern. The case law is voluminous and often turns on very specific factual scenarios.

• Journal

• Void Marriage

• Christopher Hames
• Katherine Gittins

!01/07/2024 07:00

Interview with Baroness Hale

Whether you know her as ‘the Beyoncé of the legal world’, (as she was introduced at the Women in Law dinner in Manchester in March 2024) or ‘call me Brenda’ (as she modestly introduces herself), Baroness Hale of Richmond is an exceptional woman and an exceptional lawyer. Here she is interviewed by Samantha Hillas KC.

• Journal

• Interview

• Lady Brenda Hale
• Samantha Hillas KC

!01/07/2024 07:00

The Summary of the Summaries (Summer 2024)

Liam Kelly summarises recent cases including BR v BR [2024] EWFC 11, PF v QF [2024] EWFC 10, Savage v Savage [2024] EWCA Civ 49 and others.

• Journal

• Liam Kelly

!01/07/2024 07:00

Where there’s a Wells there’s a Way

The 2018 Court of Appeal judgments in Versteegh v Versteegh [2018] EWCA Civ 1050 and Martin v Martin [2018] EWCA Civ 2866 appeared to signal that Wells sharing was falling out of favour. More recently, however, judges seem more open to it.

• Journal

• Wells Sharing

• Richard Kershaw
• Anna Roiser

!01/07/2024 07:00

Implications of the Changing Non-domicile Regime

On 6 March 2024, the Government announced a major overhaul of the regime for the taxation of non-doms in the United Kingdom. These changes will impact all high net worth UK residents whose domicile for tax purposes is outside the UK (‘non-doms’) but may have a particularly significant impact on non-doms divorcing in the UK.

• Journal

• Domicile

• Sofia Thomas
• Josephine Kensah

!01/07/2024 07:00

Tech Corner: Ethical AI for Family Lawyers

A conversation between Kay Firth-Butterfield and Rhys Taylor.

• Journal

• Tech Corner
• AI
• Professional Ethics

• Kay Firth-Butterfield
• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!01/07/2024 07:00