financial dispute resolution – Current Awareness

Notionally Flawed? Notional Assessments in LSPO Applications – Financial Remedies Journal

Posted July 15th, 2024 in costs, divorce, financial dispute resolution, financial provision, legal services, news by tracey

‘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

Posted July 5th, 2024 in blackmail, Christianity, financial dispute resolution, news by michael

‘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

Posted June 24th, 2024 in chambers articles, compensation, divorce, families, financial dispute resolution, financial provision, news by tracey

‘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

Posted June 17th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘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

Posted June 12th, 2024 in chambers articles, divorce, families, family courts, financial dispute resolution, news by sally

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

Posted June 3rd, 2024 in children, dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘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

Posted May 31st, 2024 in dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, judges, news by michael

‘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

Posted May 29th, 2024 in appeals, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘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

Posted March 6th, 2024 in appeals, chambers articles, families, financial dispute resolution, financial provision, news, trusts by sally

‘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

Posted November 24th, 2023 in costs, divorce, families, family courts, financial dispute resolution, financial provision, legal representation, litigation friends, news by tracey

‘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

Posted November 22nd, 2023 in chambers articles, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘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

Posted November 21st, 2023 in chambers articles, financial dispute resolution, news by sally

‘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

London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC – 5SAH

Posted October 4th, 2023 in chambers articles, divorce, financial dispute resolution, Law Commission, marriage, news by sally

‘A marital property regime is a system of property ownership between spouses. Property includes landed property, chattels, money in a bank account, businesses, shares in companies and claims (eg a loan). Marital property regimes differ from country to country. In some countries the matrimonial regime is imposed by operation of law and arises automatically upon marriage. Many civil law countries allow parties to select a matrimonial regime. This is usually by way of a pre-nuptial agreement.’

5SAH, 27th September 2023

Source: www.5sah.co.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

Posted July 10th, 2023 in bills, divorce, families, family courts, financial dispute resolution, financial provision, Law Commission, news by sally

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Transparency – cases about finance on divorce – Transparency Project

Posted June 2nd, 2023 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘The Financial Remedies Court sub-group of the Transparency Implementation Group (TIG ) has published a 164 page report. This refers to cases about financial remedies on divorce i.e resolving issues between divorcing couples about their income and assets – they are not cases about children. The parties often have legal representation, but not always.’

Transparency Project, 31st May 2023

Source: transparencyproject.org.uk

Divorce reform: work finally begins on finances review – Law Society’s Gazette

Posted April 5th, 2023 in consultations, divorce, families, financial dispute resolution, financial provision, Law Commission, news by sally

‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’

Law Society's Gazette, 4th April 2023

Source: www.lawgazette.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

Posted March 17th, 2023 in divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk

What does political instability and market volatility mean for separating couples? – Family Law

Posted January 23rd, 2023 in dispute resolution, divorce, families, financial dispute resolution, financial provision, news by tracey

‘What does political instability and market volatility mean for separating couples?’

Family Law, 20th January 2023

Source: www.familylaw.co.uk

Financial Remedy Update, October 2022 – Family Law Week

Posted October 21st, 2022 in divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’

Family Law Week, 17th October 2022

Source: www.familylawweek.co.uk

Apocalypse now? Judge stunned at £8m divorce costs – Law Society’s Gazette

Posted April 13th, 2022 in costs, divorce, families, family courts, financial dispute resolution, judges, news by tracey

‘A High Court judge has called for a cap on costs in family cases after describing the “apocalyptic” state of expensive divorce proceedings.’

Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

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