Latest issue
Latest blog posts
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Thoughts on Applications to Withdraw Financial Remedy Proceedings
While unusual, it is possible and occasionally necessary for an applicant in financial remedy proceedings to withdraw their application, and all other related applications. The problem that arises commonly in this unusual situation is ‘what happens next?’
- Blog
- Costs
- Discontinuance
- Withdrawing Applications
!14/05/2024 10:19
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Limited Assets in Difficult Times
You will often hear lawyers and judges commenting on how difficult it is to resolve financial remedy applications where there isn’t a lot of money. Trying to make two homes out of one is sometimes impossible. There are some important things to consider when you are looking at cases with limited assets and some pitfalls to avoid. This is a whistle-stop tour of some of those legal and practical issues.
- Blog
- Assets
!10/05/2024 10:53
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The A to Z of Financial Remedies Abbreviations
Family law and particularly financial remedy cases involve a wealth of acronyms, initialisms and abbreviations. This can be daunting particularly for trainees, junior practitioners and clients alike when they are beginning to navigate this process. The glossary below sets out some of the most common terms used by solicitors, barristers, judges and the court and is intended to function as a user-friendly aide-memoire to some of the more common expressions to be found in this area of law.
- Blog
- Financial Remedies
!09/05/2024 15:31
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The Having of Children ‘Changes Everything’ – But in What Way?
How (if at all) should future non-financial contributions yet to be made by one of the parties to a marriage or civil partnership be taken into account when calculating the quantum of periodical payments?
- Blog
- Periodical Payments
- Needs
!07/05/2024 12:35
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What’s the Point of a Judgment? Examples, Authorities and the Panopticon
What is the point of a court judgment, and to whom is it actually directed? In the past, there were three main reasons for a judgment: the first two concern the parties and (depending on your views about transparency) could be dealt with privately; the third, when it arose, required publication of the judgment. Now there is a fourth reason: transparency.
- Blog
- Transparency
!02/05/2024 15:48
Latest cases
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GW v GH [2023] EWFC 298 (B)12 October 2023
District Judge Napier held that the best interests of the children were the first but not the only consideration in MRC 1973 s 25. The CAO had not specified ‘private’ education, and the FRC should not prioritise private education to the detriment of other emotional and physical needs of the children. The judge refused to make a school fees order to ‘encourage’ the trustees to pay school fees.
- Cases
- Trusts
- Costs
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The Incorporated Trustees of Great Calling Ministries Worldwide v (1) A Irabor (2) F Irabor [2024] EWHC 803 (Fam)11 April 2024
Sir Jonathan Cohen. Appeal by an intervener against a final order which included discharging an interim charging order on the FMH made in the intervenor’s favour and a payment of a lump sum which would prevent the recovery of the monies the intervenor alleged were owed to them.
- Cases
- Loans
- Joinder of Third Parties
- Needs
- Debts
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Xanthopoulos v Rakshina [2024] EWCA Civ 848 February 2024
King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings.
- Cases
- Housing Need
- Part III
- Appeals
- Costs
- Conduct
- Needs
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The Husband v The Wife [2024] EWFC 64 (B)15 March 2024
HHJ Willans. Needs case involving impressive parties with strong and opposing views over what has happened and what constitutes a fair outcome.
- Cases
- Needs
- Sale of Property
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Re A v B (Schedule 1: Arbitral Award: Appeal) [2024] EWHC 778 (Fam)10 April 2024
Cobb J. A root and branch assault leads to the conclusion that the court is not limited to the 'four corners' of Schedule 1 and can make orders that require a party to borrow.
- Cases
- Children Act 1989 Schedule 1 Applications
- Appeals