On 29 November 2023, the Court of Appeal decided Churchill v Merthyr Tydfil CBC  EWCA Civ 1416. It held that a whole generation of lawyers and judges had misunderstood Halsey v Milton Keynes General NHS Trust  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.
As the old saying goes, you wait ages for a London bus; then two arrive at once: Griffiths & Churchill.
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.
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.
Can the court determine it has jurisdiction to order child maintenance even when there isn't a maximum CMS assessment in force?