Blog

A Fabulous Interview

A Fabulous Interview

I applaud Sam Hillas KC’s fabulous interview with Baroness Hale. Skilful, insightful and provocative, it ticks every box of serious quality journalism. Equally, the Baroness’s observations showed that her legendary wisdom and acuity have not dimmed with the passage of time since her retirement from the bench 4½

N v J: the Last Word on Domestic Abuse as Conduct?

N v J: the Last Word on Domestic Abuse as Conduct?

N v J [2024] EWFC 184 (15 July 2024) On Monday last week, in N v J, Mr Justice Peel handed down the most recent authority on pleading conduct pursuant to s 25(2)(g) Matrimonial Causes Act 1973.[[1]] Those interested in this area have been keen to see

What Is a ‘Predicament of Real Need’?

What Is a ‘Predicament of Real Need’?

In Radmacher (Formerly Granatino) v Granatino [2010] 2 FLR 1900 at [81] Lord Phillips of Worth Matravers said that of the three strands identified in White v White [2000] 2 FLR 981 and Miller/McFarlane [2006] 1 FLR 1186 it was needs and compensation which could most readily render it

Notionally Flawed? Notional Assessments in LSPO Applications

Notionally Flawed? Notional Assessments in LSPO Applications

The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a ‘notional standard assessment’. The first, JK v LM [2024] EWHC 1442 (Fam), was a judgment of Cobb J doubling down on the

Important Development in the Marinos/Munro Saga

Important Development in the Marinos/Munro Saga

https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/163 A more detailed explanation of the background to this issue can be found in a blog Prof David Hodson OBE KC(Hons) MCIArb and I wrote for the FRJ earlier this year, but in considerable summary the position is as follows.

AT v BT: The Return of Compensation

AT v BT: The Return of Compensation

In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as ‘the proper approach of the court to the sharing principle and to the principle of compensation’ given that ‘the husband maintains that this is a pure needs case and the wife asserts that this

A Brilliantly Logical Approach to Dealing with Pensions

A Brilliantly Logical Approach to Dealing with Pensions

https://www.bailii.org/ew/cases/EWFC/OJ/2024/72.html SP v AL [2024] EWFC 72(B) In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome. This case addresses