Financial Remedies Journal - 2023 Issue 2 | Summer
2023 - Issue 2 - Summer
Latest
Mr Justice Mostyn – An Appreciation on His Forthcoming Retirement
Cruel fate has cut short the judicial career of one of the greatest family lawyers of our times. He explains why in his article, ‘Sir Nicholas Mostyn shares his experience of living with Parkinson’s’ [2023] IFL 67. In the form of a revelatory interview (see p 89 below) with
Interview with Mr Justice Mostyn – Rules and Woolly Discretion
Interview with Mr Justice Mostyn – Rules and Woolly Discretion
Alexander Chandler KC
1 KBW
Many thanks for agreeing to be interviewed for the Financial Remedies Journal
Very good to see you. You come at the end of an era. Tomorrow is my last day sitting in the Admin Court, hearing
The Revised Standard Family Court Orders – In with the New
The standard orders project has a long history. The then President (Sir James Munby) first appointed a drafting group in 2013 under the leadership of Mostyn J to produce a comprehensive set of orders that it was intended would become mandatory in the Family Court and the Family Division. Such
Reflections on the Recent Announcement by the Law Commission of a Review of Financial Remedies Law
The Law Commission announcement
(1) On 4 April 2023 the Law Commission announced a ‘review of the laws which determine how finances are divided among couples after divorce’,[[1]] targeted at producing a ‘scoping report’ in September 2024.
(2) The announcement carried the following explanation of the task and the
Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance?
As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider ‘how maintenance payments for an ex-spouse or civil partner should work’. The terms of reference set out that the Law Commission is to consider specifically potential
Living under an LSPO
Commentary on legal services payment orders (LSPOs) often concerns their effect on those required to fund them. That is not hard to understand. The (usually) substantial payment to an opposing firm to fund work perceived as contrary to the payer’s interest is never an enjoyable experience, however important a