Professor David Hodson OBE KC(Hons) MCIArb
Published: 09/03/2022 08:00
https://www.iflg.uk.com/team/david-hodson-obe-mciarb
Prof David Hodson OBE KC(Hons) MCIArb is a dual qualified English and Australian (NSW) solicitor, a mediator, an arbitrator and a deputy (part-time) family court judge (DDJ) at the Central Family Court in London and recently also on the Western Circuit. He was a co-founder and for 16 years a partner at The International Family Law Group (iflg.uk.com), a specialist law firm representing international families. He is a member of the English Law Society Family Law Committee, a Fellow of the International Academy of Family Lawyers, a member of LawAsia, the Family Law Section of the Law Council of Australia and a similar contributor to many family law organisations around the world. He is a regular speaker at international family law conferences around the world. He was awarded the OBE for services to international family law. He was appointed a KC(Hons) in March 2022 by virtue of making a significant impact on the law of England and Wales. He is the editor and primary author of the LexisNexis textbook The International Family Law Practice (6th ed.). He is Visiting Professor at the University of Law and Honorary Professor of Law at Leicester University. He is an Anglican lay preacher.
The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction
Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.
- Blog
- Jurisdiction
- Domicile
!11/11/2024 11:48
AI and Family Law
AI has the real likelihood of transforming the practice of family law solicitors more than the major conceptual changes from the Children Act, the seismic shift from White or the speed of response needed from lis pendens of EU law – a transformation which will happen fast even in the slow-moving, conservative legal profession.
- Blog
- AI
!14/10/2024 13:05
Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice
There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.
- Blog
- Journal
- divorce
!07/10/2024 22:10
Judicial Immunity: An Extraordinary Case and a Worrying Warning from Australia
An extraordinary decision in August 2023 of the Federal Court of Australia has highlighted for English judges the risks of being sued for damages and the potential inadequacy of the defence of judicial immunity.
- Journal
- Judicial Immunity
!01/07/2024 07:00
English EU-Equivalent Divorce Jurisdiction Clearly Out of Step With EU Law
When the UK left the EU, and new domestic legislation was needed to replace EU law, the UK government said in relation to divorce jurisdiction of England and Wales that it would follow, be the same as, the EU law. This was for very justifiable reasons of continuity and comity. They incorporated the relevant EU law into domestic legislation. But not word for word.
- Blog
- Divorce Jurisdiction Post-Brexit
!12/02/2024 17:18
Interview with Professor David Hodson
Professor David Hodson, interviewed by Rhys Taylor, the Vice Chair of the Editorial Board.
- Journal
- Interview
!21/11/2023 07:00
Cryptocurrency and the Family Courts – Some International Experiences
Millions of people around the globe have funds in cryptocurrencies, with billions of dollars now invested. The nature of these funds is invariably secretive and non-national based. They present distinctive challenges for family courts around the world in ascertaining what are the overall assets in order to produce a fair outcome.
- Journal
- Crypto
!26/01/2023 14:43
The Scandal of Costs in Financial Remedy Proceedings in English Family Law
Executive summaryOver the past few years and increasing in intensity, High Court and Court of Appeal judges have strongly condemned very high and/or disproportionate legal costs in financial remedy claims. This is troubling and not good for the reputation…
!13/10/2022 12:38
Family Law Using Crypto Service?
England and Wales as a jurisdiction has been at the cutting-edge of using technology for the benefit of the justice system. The High Court in civil proceedings has just allowed service of proceedings via a non-fungible token (NFT). When and in what circumstances might that be appropriate in family law? The authors look at this developing jurisdiction.
- Blog
- NFTs
- Service
- Crypto
!05/08/2022 17:00
Issuing English Family Court proceedings in real time: NP v TP
With filing of family court proceedings in England and Wales being increasingly a digital experience, and when the time of filing can be crucial, in the midst of Brexit the government published a series of changes crucially switching the time from the artificiality of when the court office next opened its doors to real-time, digital time. Relatively little attention has been paid to these changes, but they have now become obvious in the application in a recent High Court decision.
- Blog
- Issuing Proceedings
!28/07/2022 17:00
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