Latest updates
- To be broadcast live on Tuesday 16th June 2020, 1pm-2pm. News, 25/02/2020, members only
- Mr Justice Cohen recently gave judgment in MB v EB (No. 2) [2019] EWHC 3676 (Fam), and sounded a cautionary note to parties in needs-based cases in financial remedy proceedings who run up unreasonably large legal costs under the (mistaken) belief that the financially stronger party will be ordered to pay them. Referring to the recent amendments to FPR 2010 Practice Direction 28A, Cohen J was firm in his judgment that it was not for the wife, in this case, to ‘bankroll this litigation’ which he found to have been unreasonably conducted by the husband. This case serves as a warning to parties who have a needs-based claim that this does not give them a so-called ‘license to litigate’, and underlines the importance of making sensible proposals in negotiations. News, 25/02/2020, free
- Webinar to be broadcast live on Wednesday 1st April 2020. News, 03/02/2020, free
- The Court of Appeal recently gave judgment in XW v XH [2019] EWCA Civ 2262, an appeal by the wife (‘W’) against the financial remedy order made by Mr Justice Baker (as he then was) on 21 December 2017 (see XW v XH [2017] EWFC 76). He had ordered that W should receive capital resources which, when added to her own assets, would give her approximately £152m – a significant sum, but equal to only 29% of the parties’ combined capital resources of £530m. Judgment, 03/02/2020, free
- The court was concerned with: first, the complex calculation and capitalisation of future income streams, which represented the realisation of assets built up during the marriage; and second, the question of whether this would be sufficient to meet future income needs. Judgment, 17/01/2020, free
Latest know-how
- In a tweet: Consideration of “substantial” in leave for Part II MFPA 1984 proceedings. Case note, 18/10/2019, members only
- The husband unsuccessfully appealed an order to transfer the legal title in 42 properties into his sole name (and release the wife from the associated mortgages). Case note, 16/10/2019, members only
- The judge had been asked by the wife to reconsider his conclusions on the grounds that there was a significant and material omission in the figures. Case note, 02/10/2019, members only
- A case summary of Vasilyeva v Shemyakin [2019] EWHC 932 (Fam), by a Pupil at 1 Hare Court. Case note, 10/05/2019, members only
- The court ruled that an earning capacity was not capable of being a matrimonial asset to which the sharing principle applies Case note, 15/05/2018, members only
Latest training
- Recording of live webinar, first broadcast on Wednesday 1st April 2020. Webcast, 02/04/2020, free
- Recording of talk first given at the At A Glance Conference, October 2019. Webcast, 03/02/2020, members only
- Recording of talk given by Richard Todd QC at the At A Glance Conference, October 2019. Webcast, 03/01/2020, members only
- Recording of webinar broadcast on 7th February 2019 Webcast, 11/02/2019, members only
- Mena Ruparel and Mark Penston unpick the complex task of understanding the different types of remuneration that might crop up in financial remedy proceedings. Webcast, 19/04/2018, members only