Tectonic Developments for Non-Court Dispute Resolution in the Family Court? The Family Procedure (Amendment No. 2) Rules 2023/1324

On 29 November 2023, the Court of Appeal decided Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416. It held that a whole generation of lawyers and judges had misunderstood Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, which had previously been understood to be binding authority for the proposition that the court cannot compel parties to engage in mediation.

• Blog

• NCDR
• Out of Court Dispute Resolution Options

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

!07/12/2023 18:27

Two Important Cases in One Day: Churchill v Merthyr Tydfil and TUI v Griffiths

As the old saying goes, you wait ages for a London bus; then two arrive at once: Griffiths & Churchill.

• Blog

• Out of Court Dispute Resolution Options
• Experts

• Alexander Chandler KC

!30/11/2023 17:15

Steels v Steels [2023] EWHC 2985 (Ch)21 November 2023

Fancourt J as Vice-Chancellor of the County Palatine of Lancaster. Mother's successful appeal against the finding that her son had a beneficial interest in her home arising from proprietary estoppel.

• Cases

• Proprietary Estoppel
• Detrimental Reliance

• Isabella Thomas-Kelly

Money Corner: Welcome Change to Capital Gains Tax Rules on Divorce

For many years, capital gains tax (CGT) has often been a major stumbling block in financial settlements. Transferring assets around could give rise to tax liabilities in the hands of the transferring spouse who is usually not receiving any sales proceeds with which to pay what is known as a dry tax charge.

• Journal

• Money Corner

• Simon Denton

!21/11/2023 07:00

Y v Z [2023] EWFC 20526 October 2023

HHJ Hess. H and W divorced in 2013 following a 14-year marriage. H had maintained a successful career working in business finance.

• Cases

• Litigation Friend
• Capacity
• Variation Applications
• Costs

• Liam Kelly