Make Ancillary Relief Great Again
The Class Legal Financial Remedies Conference may have new branding but with matching socks, MAGA caps and squeezy judges (courtesy of the executive sponsors 3PB barristers) it did not disappoint!
The Class Legal Financial Remedies Conference may have new branding but with matching socks, MAGA caps and squeezy judges (courtesy of the executive sponsors 3PB barristers) it did not disappoint!
The conference continues to be the must attend event in the FR world. In true style Mr Justice Peel kept speakers to time and expertly chaired the event. Introducing the conference, he thanked the organisers for putting on such an important event, Sir Nicholas for setting the agenda for the day and 3PB for their continued support for the conference.
First up, delegates travelled through time with the keynote speech from the inimitable Sir Nicholas Mostyn looking at the treatment of women in family law over the centuries. He gave us his insight into his concerns (shared by many) about the reduction in FR sitting days.
Janine McGuigan diligently took us through the key cases of 2025 and navigated the challenges and benefits of AI within our work. She stressed the importance of checking for accuracy and making it clear when it has been used. Delegates were treated to her expert take on the latest issues and key cases for practice with an emphasis on a common sense approach.
A proper double act (complete with matching socks) Nicholas Allen KC and Rhys Taylor stressed the importance of Non-Court Dispute Resolution (NCDR). Top tips included using the FM5 effectively and asking permission to file a further FM5 within proceedings when you really want to negotiate out of court. Reiterating that there is no pressure to negotiate where domestic abuse is a factor but also consider what options may be suitable and that court proceedings can also be ‘weaponised’ – in which case NCDR could be a helpful alternative.
Lewis Marks KC and Sarah Hoskinson provided an update a year on from the Duxbury Working Party Final Report. The good news was there has been no feedback, negative or otherwise, and we await a judgment to see how the higher courts utilise the revised approach.
The audience were not allowed to get away with a post-lunch nap as James Ewins KC involved us in an exercise considering various applications which required an evaluative and/or discretionary approach based on Standish. It was great to hear his expert take on this as well as hear from views from the floor.
HHJ Hess gave us an update on the financial remedies court. Although we are making great strides with NCDR it is still not getting through to everyone, and he is keen to stress that parties should not hesitate to tell the court they want to engage in NCDR prior to Form C directions being issued and thereafter. We must spread the message and consider all forms of NCDR. It is plain that the sitting day restriction will impact the FR court hugely leaving parties with long delays.
Anita Mehta, a leader when it comes to domestic abuse and FR cases, took us through conduct cases and her take on the issues we face when considering this important issue. Recommending the reports to consider and providing us with food for thought as to whether this important issue needs a reset.
At the end of every conference delegates are treated to a special panel of experts in their field and this year did not disappoint. A debate ensued about the concept of matrimonialisation. Chaired by the brilliant Rebecca Carew Pole KC, with Brent Molyneux KC sharing insights from ‘the President’, Justin Warshaw KC giving us his historic take on fairness and matrimonial property, Petra Teacher on the alchemy of the FR world and Kyra Cornwall with a fabulous fairytale.
This year saw the inaugural awards ceremony after the conference and a huge congratulations to all those nominated and our well-deserved winners.
The conference is a must attend event in the FR calendar and we look forward to seeing you all next year!