Financial Remedies Journal - 2022 Issue 3 | Winter

2022 - Issue 3 - Winter

Issue 3 (Winter 2022) was published in November 2022.

Download the whole Journal as a PDF (for free) below.

All articles in the Journal are also available individually.

Financial Remedies Journal Issue 3 Digital

Financial Remedies Journal Issue 3 Digital.pdf

Chair's Column (Winter 2022)

Chair's Column (Winter 2022)

I am delighted to commend to you the third issue of the Financial Remedies Journal (FRJ) which, without doubt, sustains the standards set in the earlier issues for providing information and debate on the big subjects topical in the financial remedies world. Amongst other riches, readers will enjoy a thoughtful

HHJ Edward Hess | Chair of the Editorial Board

PAG2: The Continuing Work of the Pension Advisory Group

In July 2019, the Pension Advisory Group (PAG) was pleased to publish its report A Guide to the Treatment of Pensions on Divorce, partially funded by the Nuffield Foundation.[[1]] This publication was expressly endorsed in the Foreword by the President of the Family Division and had the professional sponsorship

‘For Reasons Which Are Not Fanciful’ – Daniels v Walker Applications in Financial Remedy Cases

More than 22 years after it was decided, there remains no reported decision in a financial remedies case in which a court has provided guidance in relation to whether or not to grant a so-called Daniels v Walker [2000] EWCA Civ 508, [2000] 1 WLR 1382 application for the instruction

Someone! Do Something About Costs! The Single Lawyer Solution

In an appendix to his judgment in the ruinous case of KSO v MJO & Ors [2008] EWHC 3031 (Fam), in which the parties managed to expend all but about 28% of the net assets in costs, Munby J returned us to Dickens’ excoriating passage in Bleak House:[[1]] ‘“For

Waking Up and Smelling the Coffee – International Tax Considerations in Financial Remedy Applications

This article came to be written via a chance meeting in a coffee shop between Sarah Lucy Cooper, a family practitioner specialising in international cases, and Dilpreet Dhanoa, a specialist in tax, one early morning on the way to court. The purpose of this article is not to provide an

Predatory Marriage – The Great Inheritance Scam?

The term ‘predatory marriage’ is not a legal concept, but rather a convenient descriptor for a marriage entered into in circumstances where one party to the marriage is vulnerable and has been induced to enter into the marriage by the other party who is acting solely for financial gain. The

Pound for Pound Orders: Are They Legal?

It is now over 20 years since Holman J, in A v A (Maintenance Pending Suit: Payment of Legal Fees) [2001] 1 FLR 377, recognised that a maintenance order could reasonably include a contribution towards the payment of legal fees. At the time he handed down his decision, the Judge

Cryptoassets – Still an Enigma?

or Alice and Bob’s Adventures in Cryptoland: understanding the basics of crypto – a roadmap for the uninitiated As at October 2022, the time of writing this article, the market capital of Bitcoin is US$400 billion, down from a high of US$870 billion just last year. Despite the

Women in Good Shape

Reading Farhana Shahzady on ‘Menopause – turning the clock back for women’ ([2022] 2 FRJ 148) caused me to be even more fearful than usual about the progress of women’s equality, freedom, respect and opportunity in the workplace and in education. After a lifetime of fighting for more freedom for

DR Corner: Book review of (Almost) Anything But the Family Court

Earlier this year, my good friends at Only Mums and Only Dads, Rebecca Giraud and Bob Greig, with a stellar author in the ever-fabulous Jo O’Sullivan, launched (Almost) Anything But Family Court at the Resolution national conference. The President, Sir Andrew McFarlane, was present in person to reinforce themes

Tech Corner: Thoughts from the Home Office (No, Not that One)

When we first went into lockdown in 2020, like everyone else, I was concerned by an unfamiliar world. One where you couldn’t go outside, had to cook more and work from home. Then I looked around my then kitchen dining room and thought, ‘Hang on, you work from home

Money Corner: RPI v CPI – Why Inflation Matters in a Divorce Settlement

The rising cost of living has brought into focus the importance of considering inflation when negotiating divorce settlements. While many of us are aware of the eroding effect of inflation on wealth over time, what is less well known is that there are various methods of measuring inflation. When the

Financial Remedies Case Round-Up: May to October 2022

Welcome to this round-up of developments since the second issue of the Financial Remedies Journal (FRJ) went to press in April 2022. All (yes, all) cases involving the financial consequences of married or unmarried relationship breakdown, or the maintenance of children, are summarised on the FRJ website[[1]] by an

Interview with Jo Miles, Fellow of Trinity College, Cambridge

Photo credit: Eugenio Polgovsky (1977–2017), Fellow Commoner in the Creative Arts, Trinity College (2015–17). Jo, thank you for agreeing to be interviewed for the Financial Remedies Journal. You teach law at Trinity College, Cambridge University – surely one of the best jobs in the world of academia in one

The Scandal of Costs in Financial Remedy Proceedings in English Family Law

Executive summary Over 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 of English family law and family lawyers, including with

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