Hasan – The Barder Conundrum – A Final Word (We Promise)

The Supreme Court's judgment in Hasan was handed down on 28 June 2023. Most readers will by now be at least peripherally aware of what the case was about. This article is to some extent a continuation of a blog post written by one of the authors for this publication in July 2023.

• Journal

• Barder Applications

• Joe Rainer
• Jennifer Lee

!21/11/2023 07:00

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

The Family Court does not have TLATA jurisdiction. This creates a particular problem for proceedings in a Family Court which is not also a county court, most obviously the CFC in London. This article, although not limited to proceedings in the CFC, includes some specific discussion about how the problem can be dealt with there.

• Journal

• TOLATA

• Her Honour Judge Evans-Gordon
• Nicholas Allen KC
• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!21/11/2023 07:00

To Advise or Not to Advise – An Abundance of Caution? What Limitations Can Be Imposed and What are the Parameters of a Family Law Solicitor’s Duty?

‘I did not have the money, and she did not have the time’ said Joanne Lewis, during her evidence before HHJ Coe KC at a final hearing in November 2022 (with judgment handed down on 31 March 2023) to determine Mrs Lewis’ professional negligence claim against her matrimonial solicitors.

• Journal

• Professional Negligence

• Timothy Evans
• Olivia Longrigg

!21/11/2023 07:00

Remarriage: Avoiding the Elephant Trap

This article is a practical guide to the legal consequences of a second (/third/fourth/fifth, etc) marriage, to assist when advising clients how to avoid falling into the ‘elephant trap’ of premature remarriage – a term coined by the late Singer J.

• Journal

• Divorce Application
• Remarry
• Remarriage
• Financial Remedies

• Cordelia Williams
• Claire Howard

!21/11/2023 07:00

The Pensions Ombudsman for Family Lawyers

The Pensions Ombudsman may investigate and determine any complaint made to them in writing by or on behalf of an authorised complainant who alleges that they have sustained injustice in consequence of maladministration in connection with any act or omission of the trustees or managers of an occupational pension scheme or personal pension scheme.

• Journal

• Pensions on Divorce

• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!21/11/2023 07:00

Are We Clear? Transparency and the TIG Financial Remedies Sub-Group Report

The conclusions of the Financial Remedies Sub-Group of the Transparency Implementation Group were published in April 2023. Established by the President of Family Division and led by HHJ Stuart Farquhar, a group of 13 – judges, lawyers, a legal blogger and a journalist, based around the country – spent countless hours over several months tackling the often misunderstood and controversial topic of transparency in the Financial Remedies Court.

• Journal

• Transparency

• Samantha Hillas KC
• Emily Ward

!21/11/2023 07:00

Book Review: Dictionary of TLATA and Inheritance Act Claims

A review of the Dictionary of TLATA and Inheritance Act Claims, a valuable source of knowledge, which helps lawyers understand the complex connections between family law and the laws related to trusts and property.

• Journal

• Book Review

• Byron James

!21/11/2023 07:00

Financial Remedies Case Round-Up (Mid-April to mid-September 2023)

In the time period covered by this issue, the tendency has been towards proprietary estoppel cases. Certainly, published judgments can appear rather like buses, several at once and then nothing for a while. Nevertheless, a sudden spate was not expected of proprietary estoppel, which has been the dodgy rural bus service of the family law world for a long time.

• Journal

• Polly Morgan | Case Editor

!21/11/2023 07:00

Spousal Maintenance By Formula: The Canadian Experience

The recent announcement by the Law Commission that it is conducting a review into the laws which determine how finances are divided on divorce has re-ignited the discussion as to whether the law on financial remedy provision in England and Wales should be reformed.

• Journal

• Spousal Maintenance (Quantum)

• Michael Allum
• Cléa Amundsen

!21/11/2023 07:00

Child Maintenance in Cases of Equal Shared Care

The situation: two parents share childcare seemingly equally but there is a significant income imbalance. The issue: how is child maintenance determined? Does the Child Maintenance Service have jurisdiction? Does the Family Court have jurisdiction? Do neither?

• Journal

• Child Maintenance

• Stuart McGhee
• Mark Ablett

!21/11/2023 07:00