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In Defence of Legal Fee Loans: The Economics of Access to Justice

In Defence of Legal Fee Loans: The Economics of Access to Justice

The recent High Court judgment of Peel J in 𝘚𝘪𝘮𝘰𝘯 𝘷 𝘓𝘦𝘷𝘦𝘭 [2025] EWFC 89 has renewed focus on the role of legal fee lending in family proceedings. This coincides with significant judicial commentary about funding arrangements, including notable judgments in 𝘋𝘚𝘋 𝘷 𝘔𝘑𝘞 and 𝘓𝘐 𝘷 𝘍𝘛.

Final Reflections on Standish: Was It All Worthwhile?

Final Reflections on Standish: Was It All Worthwhile?

If asked, Mr Standish may say that three rounds of litigation, with another to follow, were worth it – Mrs Standish, perhaps not. But with many questions left unanswered, and many new questions arising, there is an unshakeable feeling that this was an opportunity missed. Mr and Mrs Standish have become

OS v DT and Post-Separation Income: Fairness Trumps Inflexibility

OS v DT and Post-Separation Income: Fairness Trumps Inflexibility

In ‘Post-Separation Income: Has Rossi Survived Waggott and Standish?’ (5 February 2025), Nicholas Allen KC considered the potential impact of Waggott v Waggott [2018] 2 FLR 406 on the argument that income (or the assets or capital generated therefrom) earned in or referable to the first 12 months post-separation should

A Priceless Inheritance: Family Law, Open Justice and the Rule of Law

A Priceless Inheritance: Family Law, Open Justice and the Rule of Law

“The traditional law, that English justice must be administered openly in the face of all men, is an almost priceless inheritance” Earl Loreburn in Scott v Scott [1913] AC 417 Sir Nicholas Mostyn presented on this topic at the Bar Council’s law reform lecture 2025, on 2 July 2025.

Non Court Dispute Resolution – What Difference Does a Year (and a Bit) Make?

Non Court Dispute Resolution – What Difference Does a Year (and a Bit) Make?

Important revisions to both FPR Part 3 and Part 28 came into effect on 29 April 2024 when the material parts of the Family Procedure (Amendment No. 2) Rules 2023 came into force. The financial remedies pre-application protocol (annexed to PD 9A) was rewritten by the Financial Procedure Rule Committee

Financial Remedy Reform – ‘Fairness’ – Do Divorcing Parties Get Any Say – Time for Some Soul Searching for Family Law Professionals

Financial Remedy Reform – ‘Fairness’ – Do Divorcing Parties Get Any Say – Time for Some Soul Searching for Family Law Professionals

The Law Commission Scoping Report The Law Commission’s 373-page scoping report on Financial Remedies on Divorce and Dissolution, which was published just before Christmas 2024, stated categorically (emboldened emphasis): ‘1.58 In our view, the current law relating to financial remedies on divorce and dissolution does not, to use

Reflecting Domestic Abuse in Financial Proceedings: a Comparative Analysis of English and Australian Approaches Since the Family Law Amendment (No 2) Act 2024

Reflecting Domestic Abuse in Financial Proceedings: a Comparative Analysis of English and Australian Approaches Since the Family Law Amendment (No 2) Act 2024

A significant shift in the treatment of domestic abuse within financial remedy proceedings will shortly take effect in Australia. Following Royal Assent on 10 December 2024, the Family Law Amendment (No 2) Act 2024 will introduce reforms that require courts to account for the impact of family violence on property