Judicial Immunity: an Update

A decision in Australia in August 2023 held that a family court judge at first instance had no judicial immunity when taking a decision outside his power and distinctive family court jurisdiction and was liable in damages to one of the parties. I wrote an extensive article and commentary for the Financial Remedy Journal. The case has now gone to appeal to Australia’s highest court, and it has been held that the previous decision was wrong and the judge and others acting on his orders do have immunity. This important decision may well be followed in other common law jurisdictions. This summarises the position.

• Blog

• Judicial Immunity

• Professor David Hodson OBE KC(Hons) MCIArb

!06/05/2025 07:00

Standish – Reporting Remotely from the Front Line

On Wednesday 30 April 2025 I was sat at home in London, feeling somewhat retired but eager to know what the Supreme Court has to say about matrimonialisation of property and the sharing principle. So too were Mr and Mrs Standish.

• Blog

• Sharing Principle
• Gifts

• Holly Symonds

!02/05/2025 11:11

Apportioning Pension Assets to the Marital Period in Divorce

Dividing pension assets is critical for a fair divorce settlement. This summary focuses on pension sharing, the legal splitting of pension rights between divorcing parties via a Pension Sharing Order, applicable in England and Wales.

• Blog

• Pensions

• Paul Windle

!01/05/2025 13:00

BR v BR [2025] EWFC 884 April 2025

Peel J. Final Hearing in Ultra High Net Worth FR case involving valuations of complex business structures.

• Cases

• Sharing Principle
• Company Valuations
• Wells Sharing
• Experts
• Companies
• Costs
• Valuations

• Minahil Tariq

VTY v GDB [2025] EWFC 110 (B)24 April 2025

Recorder Taylor. Final hearing in a financial remedy application which concerned issues of non-disclosure and allegations of asset concealment in different countries. The matter also involved foreign litigation which appeared to undermine the existing proceedings in this jurisdiction. The parties married in 1999 and have two adult children and one aged 16. The family structure was a traditional one with H being the breadwinner and W the homemaker.

• Cases

• Foreign Assets
• Non-Disclosure
• Chattels
• Adverse Inferences
• School Fees
• Fraud
• Costs
• Duxbury Capitalisation
• Debts
• Foreign Judgments

• Stephanie Coker