Nicholas Allen KC
Published: 13/01/2022 10:53
Barrister and Joint Head of Chambers at 29 Bedford Row (London). Door Tenant at St. Ives (Birmingham). IFLA arbitrator and PFDR/ENE tribunal. Appointed Queen’s Counsel in 2018, a Deputy High Court Judge in 2021, and a Recorder of the Family Court in 2016. Bencher of the Middle Temple. Contributing Editor to The Family Court Practice and editor of the family law chapters of Foskett on Compromise. Regular lecturer including to the Judicial College. Co-Chair of the Bar Council’s Services Appointment Panel. Former trustee of FreeBar, a network promoting LGBT+ equality and inclusion.
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Quantifying Periodical Payments by Reference to the Needs Principle: Surveying the Wood Not the Trees
Tensions between competing propositions in financial remedy cases are not unusual. Is there also tension when determining the quantum of the applicant’s budget?
- Blog
- Periodical Payments
- Needs
!28/03/2024 11:43
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What Is the True Extent of FDR Privilege?
In L v O (Stay of Order; Hadkinson Order; Security for Costs) [2024] EWFC 6 (26 January 2024) Cobb J considered whether a judge hearing a Barder (or Thwaite) application can/should be made aware of what took place at the FDR appointment where the original order was agreed and where this may be relevant to 'foreseeability'.
- Blog
- Privilege
!19/02/2024 16:04
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Financial Dispute Revolution? The Family Procedure (Amendment No 2) Rules 2023
There was a time when an unwritten rule seemed to provide that a marriage could only be described as long once the parties had celebrated their china anniversary and entered a third decade together, but times change, and so eventually do some rules.
- Journal
- Family Procedure Rules
!26/01/2024 08:00
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The Unopposable Application for a Penal Notice
There are relatively few applications for a court order in financial remedy proceedings that cannot be opposed and which are bound to succeed. One is an application for a penal notice.
- Blog
- Penal Notices
!18/01/2024 17:00
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Fresh Carrot, Bigger Stick: Forthcoming Rule Changes and the ‘Encouragement’ of NCDR
FPR Part 3 has historically been underused. This is strange given that FPR 1.4 provides that the court ‘must further the overriding objective by actively managing cases’ and FPR 1.4(2)(f) states that active case management includes ‘encouraging the parties to use a non-court dispute resolution’, or ‘NCDR’, ‘procedure if the court considers that appropriate and facilitating the use of such procedure.’
- Blog
- NCDR
- Out of Court Dispute Resolution Options
!03/01/2024 13:22
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Dickson v Rennie: Right or Wrong
Can the court determine it has jurisdiction to order child maintenance even when there isn't a maximum CMS assessment in force?
- Blog
- Jurisdiction
- Child Maintenance
!04/12/2023 09:22
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The Thwaite Jurisdiction – A Stay of Execution?
The very existence of the Thwaite jurisdiction is controversial. Its origins are found in Thwaite v Thwaite [1981] 2 FLR 280.
- Journal
- 'Thwaite Jurisdiction'
!21/11/2023 07:00
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AS v CS: What are the Consequences if the Court Has Not Mandated a Private FDR?
The duty of the court to direct that a financial remedies application must be referred to an FDR appointment is set out in FPR 9.15(4). The court must direct such a hearing unless: (1) the first appointment, or part of it, has been treated as an FDR appointment which has been effective; or (2) there are exceptional reasons which make a referral to an FDR appointment inappropriate.
- Journal
- Private FDR
!21/11/2023 07:00
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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
!21/11/2023 07:00
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To Deduct or Not to Deduct: That Remains the Question After Collardeau-Fuchs
Regarding a lesser commented upon aspect of Lord Nicholls of Birkenhead’s speech in White v White [2000] 2 FLR 981.
- Blog
- Financial Remedies
- Net Values
!05/09/2023 08:38