‘Recent changes to the Family Procedure Rules (FPR) 2010 and views expressed from the bench mean that there has been an increased emphasis upon parties making open offers and seeking to narrow the issues in financial remedy proceedings. Not since the long-lamented demise of Calderbank letters have there been so many cases with clear warnings about costs.’
Law Society's Gazette, 16th November 2020
Source: www.lawgazette.co.uk
‘The question the court had to decide recently was what was the test to be applied by the court in those cases where the parties had agreed to arbitration, but one party was dissatisfied with the award?’
Transparency Project, 26th October 2020
Source: www.transparencyproject.org.uk
‘During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest.’
Becket Chambers, 2nd October 2020
Source: becket-chambers.co.uk
‘Historically, cohabitation agreements, sometimes known as “no-Nups”, were frowned upon as they were seen to encourage sexual relations outside of marriage. Thankfully, times have moved on and that’s no longer the case. The general view is that such agreements are enforceable if they deal with cohabitees’ property and affairs, and provided they are entered into freely with full information. Often, disputes between cohabitees following separation relate to what was or wasn’t intended, for example, in relation to the property in which they live. Having a clear record of the cohabitees’ intentions in a cohabitation agreement can avoid expensive disputes about those issues.’
Family Law, 30th September 2020
Source: www.familylaw.co.uk
‘“No one enters litigation simply expecting a blank cheque.” Francis J in WG v HG [2018] EWFC 84. But is this the case, or are we experiencing a new wave of litigants chancing their luck at the roulette wheel? Costs in financial remedy proceedings have come increasingly under the spotlight in recent years, most recently highlighted in some interesting and important commentary by Mostyn J, Francis J and Cohen J as to the manner in which litigation is conducted.’
Family Law, 16th September 2020
Source: www.familylaw.co.uk
‘In July 2019, the Pensions Advisory Group (PAG) published its essential guide to the treatment of pensions on divorce. The report is available on the Nuffield Foundation website. The impact of the report can be seen in the weight attached to it in three recent decisions concerning the treatment of pensions on divorce.’
Law Society's Gazette, 20th July 2020
Source: www.lawgazette.co.uk
‘A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one party to pay the costs of the other (FPR 28.3 (5)).’
Becket Chambers, 6th July 2020
Source: becket-chambers.co.uk
‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’
St Ives Chambers, 3rd July 2020
Source: www.stiveschambers.co.uk
‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’
Broadway House Chambers, 10th June 2020
Source: broadwayhouse.co.uk
‘The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report, “A Guide to the Treatment of Pensions on Divorce” in July 2019. It was a much-welcomed publication that provided definitive guidance on the approach to pensions in financial remedy proceedings.’
Becket Chamber, 11th June 2020
Source: becket-chambers.co.uk
‘A Liverpool law firm has defeated the claim of a finance broker who sought a £100,000 fee for introducing it to a new loan provider.’
Legal Futures, 14th April 2020
Source: www.legalfutures.co.uk
‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’
Law Society's Gazette, 17th March 2020
Source: www.lawgazette.co.uk
‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’
Law Society's Gazette, 24th February 2020
Source: www.lawgazette.co.uk
‘A businesswoman who wrongly believed she would win a substantial divorce settlement from her wealthy husband is suing a top law firm after taking out a crippling loan to pay their fees.’
Daily Telegraph, 18th January 2020
Source: www.telegraph.co.uk
‘A pensioner who was cut out of his father’s £2.4m will because he was an “unwanted war baby” has won his fight for a slice of the family fortune.’
Daily Telegraph, 12th December 2019
Source: www.telegraph.co.uk
‘Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing.’
New Law Journal, 27th November 2019
Source: www.newlawjournal.co.uk
‘A partner who misled beneficiaries about the progress of a case to resolve a dispute over estate assets and then found himself “too embarrassed” to tell them the truth has been struck off.’
Legal Futures, 5th December 2019
Source: www.legalfutures.co.uk
‘In April 2019, the FCA (Financial Conduct Authority) became the new regulator of Claims Management businesses (CMCs). At the same time, the Financial Ombudsman Service became responsible for resolving customer disputes about CMSs. In June 2018, the FCA issued a consultation paper (CP 18/15) which proposed a new Claims Management: Conduct of Business Sourcebook [CMCOB] and to apply relevant parts of the existing FCA Handbook.’
St Pauls Chambers, 28th November 2019
Source: www.stpaulschambers.com
‘Recent decisions considering time bars and notification provisions have generated considerable commentary and discussion over the last few months. One of these is Boskalis Offshore Marine Contractive BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”) which concerned notification provisions in a payment clause and the timely challenge of disputed invoices before they were due for payment.’
Practical Law: Construction Blog, 26th November 2019
‘Aformer model must lose the £2.2m inheritance from her Swiss banker boyfriend, the Court of Appeal has ruled, and instead give it back to his children.’
Daily Telegraph, 28th November 2019
Source: www.telegraph.co.uk
© Inner Temple Library 2024