Financial Remedies – Applicable legal principles under MCA 1973 – 33 Bedford Row
‘Financial Remedies – Applicable legal principles under MCA 1973.’
33 Bedford Row, 10th September 2024
Source: www.33bedfordrow.co.uk
Category: financial dispute resolution
The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case – Financial Remedies Journal
‘Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are my tips for award writing.’
Financial Remedies Journal, 5th September 2024
Source: financialremediesjournal.com
Private FDRs – what are they and are they really worth it? – Becket Chambers
‘Any litigation involving your own family is undoubtedly very stressful. Add to the mix a long drawn out expensive process and the stress factors are compounded even more.’
Becket Chambers, 30th August 2024
Source: becket-chambers.co.uk
Financial Remedies – Non Matrimonial Property – 33 Bedford Row
‘Financial Remedies – Non Matrimonial Property.’
33 Bedford Row, 2nd September 2024
Source: www.33bedfordrow.co.uk
HJB v WPB: Beware the Preliminary Issue – Financial Remedies Journal
‘In BN v MA [2013] EWHC 4250 (Fam) Mostyn J observed:
“[24] … In Granatino v Radmacher the Supreme Court analysed very closely the nature of nuptial agreements. They pointed out that nuptial agreements come in numerous shapes and forms and can be entered into at any point before, during or after a marriage …
[26] The Supreme Court has modified the test for the treatment of these nuptial agreements, as expressed in Edgar and Xydhias and, indeed, in MacLeod, so as to provide one single test applicable to all nuptial agreements, which is this, “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”. That now is the test to be applied in every case where a nuptial agreement falls for consideration.” ‘
Financial Remedies Journal, 16th August 2024
Source: financialremediesjournal.com
Domestic abuse and the Financial Remedies Court – Transparency Project
‘This post discusses the current approach to domestic abuse in financial remedy proceedings. For those short on time and unable to read the post in full, the key conclusions you need to be aware of are; the recent decision of Mr. Justice Peel in N v J [2024] EWFC 184 is important and says if you want the court to consider domestic abuse as part of your case you will need to follow the procedure in Tsvetkov v Khayrova [2023] EWFC 130; it also says that domestic abuse will only potentially be taken into account by the court if it is exceptional and has had a negative financial impact on the alleged victim.’
Transparency Project, 8th August 2024
Source: transparencyproject.org.uk
Solicitors hit out at FCA over car finance mis-selling delay – Legal Futures
‘Solicitors representing clients with claims for mis-sold car finance have expressed frustration at the Financial Conduct Authority’s (FCA) delay in completing its work on the issue.’
Legal Futures, 1st August 2024
Source: www.legalfutures.co.uk
Judge lifts anonymity in family court judgment involving Premier League footballer – Law Society’s Gazette
‘A judge has taken the unusual step of publishing an unanonymised and unredacted family court judgment involving Premier League footballer and England vice-captain Kyle Walker – after concluding that to anonymise or redact the judgment would have opened the court to ridicule.’
Law Society's Gazette, 31st July 2024
Source: www.lawgazette.co.uk
Notionally Flawed? Notional Assessments in LSPO Applications – Financial Remedies Journal
‘The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a “notional standard assessment”. The first, JK v LM [2024] EWHC 1442 (Fam), was a judgment of Cobb J doubling down on the practice. The second, KV v KV [2024] EWFC 165, was a judgment of Peel J, taking a more ambivalent approach, suggesting it be used as a “cross check” and highlighting that it may operate unfairly in some cases. Cobb J’s elevation to the Court of Appeal may see his approach becoming dominant. The unfairness caused by the “notional assessments” in LSPO applications has been explored by us previously. Here we argue that it is also conceptually flawed.’
Financial Remedies Journal, 11th July 2024
Source: financialremediesjournal.com
Vatican’s chief of staff testifies in UK court in ‘trial of the century’ – The Guardian
‘Archbishop Edgar Peña Parra was called to testify on Thursday on behalf of the Vatican secretariat of state in a British civil proceeding brought against the Vatican by an Italian-British financier who was involved in the transactions over a London property.’
The Guardian, 4th July 2024
Source: www.theguardian.com
FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal
‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’
Financial Remedies Journal, 20th June 2024
Source: financialremediesjournal.com
A Brilliantly Logical Approach to Dealing with Pensions – Financial Remedies Journal
‘SP v AL [2024] EWFC 72(B). In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.’
Financial Remedies Journal, 13th June 2024
Source: financialremediesjournal.com
Non-Matrimonial Assets – Assets Acquired Post-Separation – Becket Chambers
I have written twice previously on this website about non-matrimonial assets but, the authorities referred to therein tended to have some emphasis upon assets acquired prior to the marriage whereas recently there have been two cases that focus on post-separation acquired assets.’
Becket Chambers, 28th May 2024
Source: becket-chambers.co.uk
Court as a last resort! – Kingsley Napley Family Law Blog
‘How you approach resolving a dispute with your ex-partner, whether regarding finances or your children, is an important first step in your case and can set the tone moving forward.’
Kingsley Napley Family Law Blog, 29th May 2024
Source: www.kingsleynapley.co.uk
Judge uses new power to “encourage” ADR in absence of agreement – Legal Futures
‘A High Court judge has used new powers to “encourage” the use of alternative dispute resolution (ADR) in family proceedings in the absence of agreement between the parties.’
Legal Futures, 31st May 2024
Source: www.legalfutures.co.uk
Standish – the Narrowing of ‘Matrimonialisation’ – Financial Remedies Journal
‘In L v L [2021] EWFC B83 His Honour Judge Booth (sitting as a judge of the High Court) stated at [26] he had been referred to the concept of “matrimonialisation” but it was “a word that I hope will not acquire common usage”. Although not a word in the Oxford English Dictionary, His Honour Judge Booth’s hope has not come to fruition. In Standish v Standish [2024] EWCA 567 Richard Todd KC (for the appellant wife) invited the court (at [71]) to “remove [the category of matrimonialised assets] from the lexicon of the law on financial remedies” and Timothy Bishop KC (for the respondent husband) suggested (at [93]) “the court might consider whether this concept merits being maintained at all”. However Moylan LJ (in a judgment with whom King and Phillips LJJs both agreed) stated at [161] the answer to “the question raised by both parties, namely whether the whole concept of matrimonialisation should no longer be applied”, was “it should continue to be applied”.’
Financial Remedies Journal, 28th May 2024
Source: financialremediesjournal.com
Savage v Savage – a recent Court of Appeal decision on TLATA – Tanfield Chambers
‘In the system of trusts of land introduced by the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the court is given the power, on an application by a trustee of land or someone who has an interest in the property under the trust, to make any order relating to the trustees’ exercise of their functions as it thinks fit. The question for the Court of Appeal in Savage v Savage [2024] EWCA Civ 49 was what the court can have regard to when exercising that power.’
Tanfield Chambers, 22nd February 2024
Source: www.tanfieldchambers.co.uk
Litigation friend ordered to pay £42,000 costs for ‘wholly inadequate’ performance – Law Society’s Gazette
‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’
Law Society's Gazette, 23rd November 2023
Source: www.lawgazette.co.uk
Special Contributions in Family Law – 33 Bedford Row
‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’
33 Bedford Row, 17th October 2023
Source: www.33bedfordrow.co.uk
Lay Person’s Practical Guide to FDR – Becket Chambers
‘Financial Disputes Resolution [FDR] is the name given to the hearing where the parties attend court to try and agree a settlement. It is a form of alternative dispute resolution in the court building.’
Becket Chambers, 3rd October 2023
Source: becket-chambers.co.uk
