Chair's Column

In my introduction to the first issue, I reported that one of our missions is to promote serious and high-level debate and thought about the workings of the world of financial remedies. I could not have imagined a better example of this than the contents of this second issue.

• Journal

• HHJ Edward Hess | Chair of the Editorial Board

!06/07/2022 07:01

The Financial Remedies Court: The Road Ahead

It is a great honour to be invited to contribute to issue 2 of the Financial Remedies Journal, which is an outstanding addition to the financial remedies landscape. As my illustrious predecessor, Mostyn J, remarked in the inaugural issue,Financial Remedie…

• Journal

• Hon. Mr Justice Peel

!06/07/2022 07:02

Some Sunlight Seeps In

In relation to transparency in the Financial Remedies Court (FRC) there are further signs that the tectonic plates are shifting.

• Journal

• Transparency

• Sir James Munby

!06/07/2022 07:03

Privacy and Transparency in the Financial Remedies Court

Anyone who has had the benefit and privilege of listening to Mostyn J speak in an extra-judicial capacity will have been afforded a peek into the extraordinary breadth of knowledge and learning of one of England’s most experienced family judges. The…

• Journal

• Transparency

• Christopher Wagstaffe KC

!06/07/2022 07:04

Sharing and the Family Home

Historically, a wife’s property was absorbed into that of her husband on marriage, and she was not capable of ownership in her own name thereafter. This situation, after some modest changes in the 1870s, finally changed for good with the Married Wom…

• Journal

• Matrimonial and Non-Matrimonial Property

• Thomas Haggie
• Fiona Stewart

!06/07/2022 07:05

Both Sides Now: DN v UD

UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947 is one of only a handful of cases under Schedule 1 to the Children Act 1989 (Schedule 1) to have made it to the Court of Appeal since Re P (Child: Financial Provision) [2003] EWCA Civ 837.

• Journal

• Katherine Kelsey
• Laura Moys

!06/07/2022 07:06

Schedule 1 Property Structures

The main focus in cases under Schedule 1 to the Children Act 1989 is often on how to meet the housing needs of a child; understandably so, as it is usually the largest cost. It can also be the starting point for settlement as the type of property and loca…

• Journal

• Children Act 1989 Schedule 1 Applications

• Jemma Pollock
• Rebecca Fisher
• Pieter Boodt

!06/07/2022 07:07

Schedule 1 Remedies for the Older Child

HHJ Hess recently handed down a helpful decision as to jurisdiction under Schedule 1 for an adult child in J & K v L (Schedule 1: Older Children) [2021] EWFC B104. While this decision is non-binding, the judgment offers an exceptionally lucid and helpful analysis of existing case law.

• Journal

• Children Act 1989 Schedule 1 Applications

• Gwynfor Evans

!06/07/2022 07:08

Domestic Abuse in Financial Remedy Cases

While domestic abuse is one of the issues currently at the top of the family law agenda, it is not as prominent in financial remedy work as it is in children work and professional discussion is limited.

• Journal

• Judith Crisp
• Rosemary Hunter
• Emma Hitchings

!06/07/2022 07:09

The Origins of the Financial Remedies Court – an Insider’s View (Part 2)

On 29 October 2018, the President announced that, following further consultation, he had given the ‘green light’ for the pilot to start working in each of the additional eight courts I had identified: Financial Remedies Pilot extended [2018] F…

• Journal

• Sir James Munby

!06/07/2022 07:10

Getting Blood Out of a Stone – Handling the Uncooperative Ex-Spouse

Sadly, what follows is not an uncommon scenario. Hotly contested divorce proceedings result in an order being made that requires one spouse to make financial payments to the other over a period of months or years.Everyone breathes a sigh of relief that th…

• Journal

• Simon Rowe

!06/07/2022 07:11

Mltpl: A New Business Valuation Tool

Business valuations are often associated with high costs, long delays and, in many instances, subjective analysis and unsupported conclusions. Inevitably, questions arise as to their utility, given their inherent fragility.

• Journal

• Valuations
• AI
• Automation
• Experts
• Forensic Accountants

• Thomas Rodwell
• Ben McGeoch

!06/07/2022 07:12

Dodgy Digital Documents: Where Are We Now? Where Are We Going?

In the sun-kissed, halcyon days of late 2019 when Brexit had not yet taken effect and a corona was a halo of gas seen around the sun during an eclipse, a fevered discussion was taking place on Twitter between family lawyers regarding the increasing freque…

• Journal

• Manipulation
• Evidence
• Fake
• Digital
• Disclosure
• Fraud
• Documents

• Helen Brander

!06/07/2022 07:13

Security for Costs in Family Proceedings

In MG v AR [2021] EWHC 3063 (Fam), Mostyn J made an order providing security for costs. Such orders are more frequently made in civil proceedings, where ‘costs follow the event’ and costs orders are made in favour of the successful party. An a…

• Journal

• Security for costs
• Costs

• Elissa Da-Costa Waldman

!06/07/2022 07:13

Menopause – Turning the Clock Back for Women?

Earlier this year, with the help of Family Law Partners, I launched the Family Law Menopause Project. It had the straightforward aim of encouraging family lawyers to consider the impact of menopause on clients.I was prepared for curiosity and healthy scep…

• Journal

• Farhana Shahzady

!06/07/2022 07:13

DR Corner: Mediation in the Wake of WL v HL – Low-Hanging Fruit or Golden Opportunity?

Traditional perceptions of mediation: ‘[M]ediated cases are self-evidently the easiest to settle; the low fruit of the dispute resolution world. Quite rightly this will always remain so. But my nagging concern about the mediation process remains; that …

• Journal

• DR Corner

• Edward Cooke

!06/07/2022 07:13

Tech Corner: iPad Pro (2021) Review, Or, as a Solicitor, How I Learned to Stop Worrying and Love a Tablet

For as long as I can remember, an in-person attendance with family finance practitioners at the Bar has always been the first place for me to see the latest Apple releases in the wild. With apologies to younger readers who may not get the reference, I sti…

• Journal

• Tech Corner

• David Lillywhite

!06/07/2022 07:14

Money Corner: Pension Taxation - A Tax on Ambition is Never Wise

Pension classification – Most pension arrangements will be either one, or a hybrid, of the following arrangements: Defined contribution (DC) (also known as ‘money purchase’); the retirement benefits (or income) are defined by the contributions you make.

• Journal

• Rachael Hall

!06/07/2022 07:14

Financial Remedies Case Round-Up: February to April 2022

Cases from February to April 2022.

• Journal

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

!06/07/2022 07:14

Interview with Lord Sumption

Lord Sumption interviewed by Alexander Chandler QC.

• Journal

• Alexander Chandler KC

!06/07/2022 07:14