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NCDR Update – Are the Tides Turning for Failing to Mediate?

NCDR Update – Are the Tides Turning for Failing to Mediate?

Looking back over the last 12 months, 29 April 2024 was an important day for financial remedy practitioners. This was the date the rules concerning NCDR changed. The changes make ignoring the NCDR options a costs hazard. It seemed inevitable that costs orders would follow. Practice Direction 9A now includes

Legal Research, AI and the Canary in the Mineshaft

Legal Research, AI and the Canary in the Mineshaft

One of the sobering experiences of training to be a lawyer – the dawning realisation that it isn’t all dramatic cross-examination and fighting for the underdog – is legal research. Like learning a new language (let’s say, German), it’s a long and often tedious process. Some trainees, admittedly, seem

Judicial Immunity: an Update

Judicial Immunity: an Update

Overview A decision in Australia in August 2023 held that a family court judge at first instance had no judicial immunity when taking a decision outside his power and distinctive family court jurisdiction and was liable in damages to one of the parties. I wrote an extensive article and commentary

Apportioning Pension Assets to the Marital Period in Divorce

Apportioning Pension Assets to the Marital Period in Divorce

Dividing pension assets is critical for a fair divorce settlement. This summary focuses on pension sharing, the legal splitting of pension rights between divorcing parties via a Pension Sharing Order, applicable in England and Wales. It excludes offsetting and combination approaches and also omits jurisdictions outside England and Wales, such

Chattels: What If They Are Not to Be Divided by Agreement?

Chattels: What If They Are Not to Be Divided by Agreement?

Chattels are often in dispute between parties to financial remedy proceedings. However their division is something their lawyers are very happy not to get involved with. Little is more likely to lead to a sigh of relief than the words ‘Chattels – to be divided by agreement’. But what principles apply

The Express Financial Remedy Pilot – a Fast Track to Success or Turmoil?

The Express Financial Remedy Pilot – a Fast Track to Success or Turmoil?

A fast-track pilot scheme for financial remedy cases is running from 7 April 2025 to 3 April 2026 in courts in the north of England. It applies by default to all cases started there where net assets (excluding pensions) are less than £250,000. It is possible to request to