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Chair’s Column (Summer 2024)

Chair’s Column (Summer 2024)

The FRJ website I am delighted to see from a perusal of the latest statistics on the use of the range of FRC-related resources on the FRJ website (www.financialremediesjournal.com) that the vision of providing the ‘go to’ place for financial remedies practitioners has become a reality, with 408,

DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions

DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions

Anyone who has tried to arrange a Private Financial Dispute Resolution (pFDR) will be familiar with that sinking feeling when the process is slipping away. It starts with a low-level dispute over the judge, the date or the location of the hearing. Then a seemingly innocuous question about disclosure. A

Reform of Financial Provision on Divorce

Reform of Financial Provision on Divorce

What’s the problem? After much hesitation and delay, both from the government and the profession, it seems that at last the Law Commission will set to reforming the law of financial provision on divorce. The significant problems of this area were addressed, but not completely resolved, in the Law

A Reply to Baroness Deech’s Argument for Reform

A Reply to Baroness Deech’s Argument for Reform

Conceived as a companion piece to Baroness Deech’s article calling for reform of s 25(2) MCA 1973,[[1]] it soon became clear that writing this was a harder task than I envisaged. That is not because the article is not well written, researched or persuasive. My difficulties were

Source not Title: Some First Reflections on Standish

Source not Title: Some First Reflections on Standish

On 15 and 16 November 2023, Standish v Standish came before a Court of Appeal comprising King, Moylan and Phillips LJJ. 189 days later, Moylan LJ delivered the court’s unanimous decision: Mrs Standish’s (‘W’) appeal was dismissed, and Mr Standish’s (‘H’) appeal allowed, subject to the matter

Your House, My Mortgage: The Decision in Re A and B

Your House, My Mortgage: The Decision in Re A and B

Can the Family Court order a party to take out and pay a mortgage in order to meet the other party’s housing needs? This is my framing of the question raised by the appeal in Re A and B (Schedule 1: Arbitral Award: Appeal) [2024] EWHC 778 (Fam). Cobb

Child Maintenance by the Back Door? Mortgages and Schedule 1 Children Act 1989

Child Maintenance by the Back Door? Mortgages and Schedule 1 Children Act 1989

Mortgages and Sch 1 Children Act 1989 applications Following the successful appeal of the arbitral award in LT v ZU [2023] EWFC 179, the decision has been reversed in the further appeal to the High Court ([2024] EWHC 778 (Fam)). LT v ZU is significant for two reasons as it