Journal

Part III: Reflections on the 40th Anniversary of the Law Commission's Recommendations

Part III: Reflections on the 40th Anniversary of the Law Commission's Recommendations

‘As we approach the 40th anniversary of the 1984 Act, the complexities and challenges to which I have referred would suggest that this is an area which could well benefit from consideration by the Law Commission.’[[1]] Much has changed – legally, politically, and societally – since Parliament legislated to provide the

Whose Fault Is It Anyway?

Whose Fault Is It Anyway?

The Divorce, Dissolution and Separation Act 2020, which comes into force on 6 April 2022, represents a significant and positive shift away from investigating reasons for marriage breakdown and towards individuals’ autonomy. Whilst very few practitioners oppose the introduction of no fault divorce,[[1]] in certain quarters of the media

BT v CU [2021] EWFC 87: Barder, Thwaite, Drafting Lump Sums and Anonymisation

BT v CU [2021] EWFC 87: Barder, Thwaite, Drafting Lump Sums and Anonymisation

https://www.bailii.org/ew/cases/EWFC/HCJ/2021/87.html Sometimes in law, as in life, things do not turn out expectedly. BT v CU was intended to be a test case for whether COVID was capable of being a Barder event. H’s argument was that the pandemic

T v T (Variation of Pension Sharing Order and Underfunded Schemes) [2021] EWFC B67

T v T (Variation of Pension Sharing Order and Underfunded Schemes) [2021] EWFC B67

HHJ Edward Hess’s judgment in the case of Mr T and Mrs T is without doubt the most complex and detailed pension sharing judgment ever handed down by the courts in England and Wales. It has more twists and turns than a John le Carré novel and, as you

Principal Private Residence Relief on Divorce

Principal Private Residence Relief on Divorce

When individuals stop living in the matrimonial home they are often likely to face a capital gains tax charge when the property is sold or transferred. Any individuals that have lived in a property as their main home are entitled to Principal Private Residence (PPR) relief when the property is

Criminal Confiscation, Trusts of Land and Financial Remedies

Criminal Confiscation, Trusts of Land and Financial Remedies

Background Convicted criminals may find themselves subject to confiscation applications and orders. These might be accompanied by a trust of land or financial remedy application, by a (perhaps not so) innocent applicant. How do confiscation proceedings work generally? How do they interact with family proceedings? This article gives a general

Private Alternative Dispute Resolution (pADR) – a Still Much Under-Used Process

Private Alternative Dispute Resolution (pADR) – a Still Much Under-Used Process

A few introductory thoughts – the bigger picture The legal profession is notoriously slow at embracing change whether it is to the substantive law or, more often, to process. Every attempt to make the system work better and to the advantage of the punters is customarily met with a shaking of