Criminal Confiscation, Trusts of Land and Financial Remedies

BackgroundConvicted criminals may find themselves subject to confiscation applications and orders. These might be accompanied by a trust of land or financial remedy application, by a (perhaps not so) innocent applicant. How do confiscation proceedings wor…

• Journal

• Criminal Confiscation and Restraint Orders

• Christian Jowett

!01/04/2022 06:04

BT v CU [2021] EWFC 87: Barder, Thwaite, Drafting Lump Sums and Anonymisation

Sometimes in law, as in life, things do not turn out expectedly.BT v CU was intended to be a test case for whether COVID was capable of being a Barder event. H’s argument was that the pandemic was ‘unforeseen and unforeseeable’, outside…

• Journal

• Setting Aside Orders (Including Barder Applications)

• Alexander Chandler KC

!01/04/2022 06:14

Interview with Sir Jonathan Cohen

Rhys Taylor: Sir Jonathan, thank you very much for agreeing to be interviewed this evening for the Financial Remedies Journal.Can I please start by asking you, do you have any particular recollections from your early days at the Bar?Sir Jonathan Cohen: We…

• Journal

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

!01/04/2022 05:47

Tech Corner: The Remarkable 2, for Family Lawyers?

We date ourselves with our I.T. My generation grew up on the ZX Spectrum, 48K. The noise of Jet Set Willy loading on a cassette tape is an iconic sound of my childhood. I graduated without ever having owned a PC. Hershman & McFarlane was famously birthed on a pair of Amstrad word processors. Mostyn, then a junior barrister, imagined the Form E into existence with an IBM PS/2 (720KB).

• Blog
• Journal

• Tech Corner

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

!01/04/2022 05:54

Money Corner: Financial Protection and Divorce

The area of financial protection is one that most of us first come across when we are buying a house. The mortgage adviser will deftly remind us of all the things that might go wrong for our family if we were to become seriously ill or die. During my trai…

• Journal

• divorce
• Money Corner

• Tamsin Caine

!01/04/2022 05:52

Part III: Reflections on the 40th Anniversary of the Law Commission's Recommendations

‘As we approach the 40th anniversary of the 1984 Act, the complexities and challenges to which I have referred would suggest that this is an area which could well benefit from consideration by the Law Commission.’Potanina v Potanin [2021] EWCA…

• Journal

• divorce

• Michael Allum

!01/04/2022 06:24

A Beginner's Guide to Deferred Compensation (and Other Forms of Remuneration)

IntroductionFor most people earned income means periodic salary payments, received net of tax, from an employer. However, for a comparatively small cohort of people, earned ‘income’ can look a lot more complicated and uncertain. It might take…

• Journal

• Thomas Rodwell
• Joe Rainer

!01/04/2022 06:49

T v T (Variation of Pension Sharing Order and Underfunded Schemes) [2021] EWFC B67

HHJ Edward Hess’s judgment in the case of Mr T and Mrs T is without doubt the most complex and detailed pension sharing judgment ever handed down by the courts in England and Wales. It has more twists and turns than a John le Carré novel and,…

• Journal

• Pensions on Divorce

• Paul Cobley

!01/04/2022 06:10

Private Alternative Dispute Resolution (pADR) – a Still Much Under-Used Process

A few introductory thoughts – the bigger pictureThe legal profession is notoriously slow at embracing change whether it is to the substantive law or, more often, to process. Every attempt to make the system work better and to the advantage of the pu…

• Journal

• Alternative Dispute Resolution

• Sir Paul Coleridge

!01/04/2022 05:57

The Galbraith Tables: a New Chapter for Pension Offsetting on Divorce?

Purpose of this articleThis article discusses how the thinking on the remedy of offsetting of pension rights has emerged over time, and introduces the ‘Galbraith Tables’, being the authors’ attempt to produce transparent and accessible p…

• Journal

• Pensions on Divorce

• Jonathan Galbraith
• Chris Goodwin
• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!01/04/2022 06:26

The Origins of the Financial Remedies Court – an Insider's View, Part 1

The introduction of the Financial Remedies Court (FRC), which has just come of age, marks an important milestone in the development of the family justice system. The story of how this came about requires to be recorded before it all recedes into half-reme…

• Journal

• Sir James Munby

!01/04/2022 06:41

Financial Remedies Case Round-Up

From the Chair of the Editorial BoardThe Financial Remedies Case Round-Up will be a regular feature in the FRJ. The intention will largely be to draw brief attention to a full range of financial remedies case judgments delivered since the last edition of…

• Henry Pritchard
• HHJ Edward Hess | Chair of the Editorial Board

!01/04/2022 05:50

Notes on the launch of the Financial Remedies Journal

At last a journal has been launched to fill what seems to me to be a gross and obvious gap in the market. It has always struck me how our existing family law journals tend to treat financial remedies law and practice as the poor relation. Developments in public and private law children work, and in international children work, always seem to be given priority, bestowing on the money cases a Cinderella status. This is both understandable and at the same time surprising.

• Journal

• Sir Nicholas Mostyn

!01/04/2022 06:57

Principal Private Residence Relief on Divorce

When individuals stop living in the matrimonial home they are often likely to face a capital gains tax charge when the property is sold or transferred.Any individuals that have lived in a property as their main home are entitled to Principal Private Resid…

• Journal

• Sofia Thomas

!01/04/2022 06:07

Introduction to Issue One of the Financial Remedies Journal

I am proud and delighted to introduce the first edition of the Financial Remedies Journal (FRJ). The paper journal sits alongside and complements its own website. Both the paper journal and the website are led by an interdisciplinary Editorial Board and a…

• Journal

• HHJ Edward Hess | Chair of the Editorial Board

!01/04/2022 06:55

Whose Fault Is It Anyway?

Will the introduction of "no fault" divorce herald greater reliance on conduct in financial remedy proceedings?

• Journal

• divorce

• Polly Calver
• Joanne Edwards

!01/04/2022 06:19

Non-Matrimonial Property – Valuing the Family Business

“Marriage, it is often said, is a partnership of equals. … The parties commit themselves to sharing their lives. They live and work together. When their partnership ends each is entitled to an equal share of the assets of the partnership, unles…

• Journal

• Matrimonial and Non-Matrimonial Property

• Nicholas Allen KC

!01/04/2022 06:54