Family Law Hub

Litigation Conduct

Latest updates

  • An appeal against an order prohibiting counsel acting for the father from accepting further instructions from him in proceedings under Part II of the Children Act 1989. The father was from Pakistan, the mother from the UK, and they had married under Islamic law, separating two years later. Counsel in question had previously acted for the father, liaising with the mother, in immigration proceedings, following which the mother had made a complaint of professional misconduct against her. MacDonald J dismissed this appeal. It was possible that counsel's continued participation would lead to a reasonable lay apprehension of unfairness. The judge had not failed to give adequate weight to the potential for the mother to adopt a tactical position amounting to an abuse of process. Given the evidence before the court of counsel's highly personalised responses to the mother's complaints, the potential for difficulties to arise in cross-examination of the mother by counsel was plain. Judgment, 14/10/2020, free
  • The couple had been together, unmarried, for just over ten years and had two children. There had already been three trial judgments given in separate actions consequent on that breakup, leading to costs orders against the female partner totalling about £90,000, none of which had been paid or were likely to be paid. This new Chancery claim arose out of allegations that the male partner, in his capacity as director of a company in which both parties had held shares, had run substantial parts of it on a cash in hand basis. He applied to strike out or dismiss the claim, and for an extended civil restraint order (CRO) to prevent his former partner making further claims or applications against him without permission. HHJ Parfitt, sitting as a judge of the High Court, struck out the particulars of claim and the claim form on the ground that taken together they impeded the just disposal of the proceedings – they provided no basis for the case to be understood, defended or tried – and did not comply with the rules regarding statements of case. He also struck out the claim on the grounds that it sought to reopen matters decided in previous claims and otherwise failed to set out a cause of action with a reasonable chance of success. An extended CRO was justified, on balance, but it would not extend to family proceedings and it would exclude any application to have an existing limited CRO set aside. Judgment, 24/07/2020, free
  • Application that the wife's application for financial remedies be struck out on the basis that it was (a), vexatious, and/or duplicative and/or (b), on the basis there had been prior compromise. Application dismissed. Judgment, 09/01/2019, free
  • The court injuncted the husband from paying any further money to his solicitors unless he paid an equal amount (i.e. pound for pound) to the wife's solicitors. Judgment, 19/09/2018, free
  • Financial remedy hearing was adjourned pending a hearing to determine the husband's capacity. Judgment, 19/09/2018, free

Latest know-how

Latest training

  • In this recorded webinar, Petra Teacher from 29 Bedford Row discusses how the courts have dealt with add-backs and financial conduct arguments. Webcast, 14/06/2017, members only
  • Webcast recorded on 22 January at 1pm. Lysney Cade-Davies and Petra Teacher of 29 Bedford Row review some of the leading cases of 2014 and highlight the lessons for the year ahead. Webcast, 22/01/2015, members only

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item