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They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg

They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg

In Stack v Dowden [2007] UKHL 17, at [49], Baroness Hale said that ‘[n]o-one now doubts that … an express declaration [of trust] is conclusive unless varied by subsequent agreement or affected by proprietary estoppel’. It might reasonably be observed that the authority cited for that proposition, the decision of

The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case

The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case

Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are my tips for award writing. A stitch in time saves nine. The tribunal does not want to be left at the end of a hearing without a clear roadmap of what

Absence of Authority?

Absence of Authority?

In G v S (Family Law Act 1996: Publicity) [2024] EWFC 231 (B) (6 June 2024) HHJ Reardon asked: ‘What is the default position in terms of publication in a case where s 12 [of the Administration of Justice Act 1969] does not apply?’ And answered: ‘42. … I would suggest,

Help to Shape How Pensions on Divorce Reports Are Prepared

The Institute and Faculty of Actuaries (the IFoA) is looking for family lawyers to join a new working party looking at Pensions on Divorce. It is critical that courts receive appropriate expert advice in relation to the often complex pension arrangements of divorcing parties. A small number of actuaries and

Cohabitation and Separation: When Does the Clock Start and Stop?

Cohabitation and Separation: When Does the Clock Start and Stop?

Since the two seminal decisions of the House of Lords, first in White v White [2000] 2 FLR 981 and then in Miller v Miller; McFarlane v McFarlane [2006] 1 FLR 1186, introduced practitioners to the potentially crucial distinction (in sharing cases, at least) between matrimonial and non-matrimonial property, and

Cohabitation Reform Under the New Labour Government: Moving From a ‘Whether’ to a ‘What’?

Cohabitation Reform Under the New Labour Government: Moving From a ‘Whether’ to a ‘What’?

The law around cohabitation has been ripe for reform for many years. As far back as 2007, the Law Commission of England and Wales recommended that it be updated, so as to safeguard couples against uncertainty and injustice in the event of relationship breakdown. Similarly, academics and practitioners have long

NCDR Redux: The Impact of October’s CPR Amendments

NCDR Redux: The Impact of October’s CPR Amendments

One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes ‘any failure by