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The Financial Remedies Court: A Year in Review

The Financial Remedies Court: A Year in Review

On 28 July of this year, Mr Justice Mostyn sat for the very last time. Many words have already been said or written about him. I particularly enjoyed the appreciation of him by Sir James Munby, which was published in the summer edition of the Financial Remedies Journal.[[1]] Few

‘An ascent so steep as to make a meteor blush’ – The valedictory for the Honourable Mr Justice Mostyn, 3 October 2023

‘An ascent so steep as to make a meteor blush’ – The valedictory for the Honourable Mr Justice Mostyn, 3 October 2023

On Monday, 2 October 2023 history was made in Court 4 of the Royal Courts of Justice, with the swearing in of the first ever Lady Chief Justice of England and Wales. Just a day later, in the very same, similarly packed-out court room, Lady Carr crossed the rope to

Financial Remedies: The Law Commission’s Scoping Project

Financial Remedies: The Law Commission’s Scoping Project

On 4 April 2023, the Law Commission announced that it would be undertaking a project to review the current law governing financial remedies on divorce or dissolution of civil partnership.[[1]] The purpose of the project is to determine whether there are problems with the current law that require reform,

Hasan – The Barder Conundrum – A Final Word (We Promise)

Hasan – The Barder Conundrum – A Final Word (We Promise)

The Supreme Court’s judgment in Hasan was handed down on 28 June 2023. Most readers will by now be at least peripherally aware of what the case was about. This article is to some extent a continuation of a blog post written by one of the authors for this

Are We Clear? Transparency and the TIG Financial Remedies Sub-Group Report

Are We Clear? Transparency and the TIG Financial Remedies Sub-Group Report

Many meetings, much discussion and a fish ’n’ chips (working) lunch later, the conclusions of the Financial Remedies Sub-Group (the Sub-Group) of the Transparency Implementation Group (TIG) were published in April 2023. Established by the President of Family Division and led by HHJ Stuart Farquhar, a group of 13 – judges,

Just Deserts? Unjust Enrichment for Family Lawyers

Just Deserts? Unjust Enrichment for Family Lawyers

In the aftermath of many family relationship breakdowns, second only to complaints about bad behaviour, a pervasive sentiment arises: one party believes they have invested or contributed disproportionately to the family economy, family assets or businesses, leading to perceived unfairness. Whilst statute provides a framework within which such considerations can

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

Introduction The Family Court does not have Trusts of Land and Appointment of Trustees Act 1996 (TLATA)[[1]] jurisdiction.[[2]] This creates a particular problem for proceedings in a Family Court which is not also a county court, most obviously the Central Family Court (CFC) in London. This article, although