How cohabiting couples should protect their finances – Family Law

‘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.’

Full Story

Family Law, 30th September 2020

Source: www.familylaw.co.uk

Costs rules: what you need to know – Family Law

Posted September 18th, 2020 in costs, divorce, families, financial dispute resolution, financial provision, news by tracey

‘“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.’

Full Story

Family Law, 16th September 2020

Source: www.familylaw.co.uk

Treatment of pensions on divorce – Law Society’s Gazette

‘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.’

Full Story

Law Society's Gazette, 20th July 2020

Source: www.lawgazette.co.uk

The New Cost Rules – A Focused Approach – Becket Chambers

‘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)).’

Full Story

Becket Chambers, 6th July 2020

Source: becket-chambers.co.uk

Beware of issuing ‘hopeless’ Inheritance claims in expectation of settlement – St Ives Chambers

‘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.’

Full Story

St Ives Chambers, 3rd July 2020

Source: www.stiveschambers.co.uk

M v M – more than just costs by Nick Power – Broadway House Chambers

‘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.’

Full Story

Broadway House Chambers, 10th June 2020

Source: broadwayhouse.co.uk

Pensions in Needs-Based Financial Remedy Proceedings – Becket Chambers

‘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.’

Full Story

Becket Chamber, 11th June 2020

Source: becket-chambers.co.uk

Law firm defeats broker’s claim for £100k introducer fee – Legal Futures

Posted April 14th, 2020 in fees, financial dispute resolution, law firms, loans, news by sally

‘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.’

Full Story

Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Divorce bill must not overlook pensions – Society – Law Society’s Gazette

‘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.’

Full Story

Law Society's Gazette, 17th March 2020

Source: www.lawgazette.co.uk

Financial Remedies Courts – Law Society’s Gazette

‘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.’

Full Story

Law Society's Gazette, 24th February 2020

Source: www.lawgazette.co.uk

Divorcee sues top law firm after taking out ‘crippling’ loan to pay for legal fight with husband – Daily Telegraph

‘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.’

Full Story

Daily Telegraph, 18th January 2020

Source: www.telegraph.co.uk

‘Unwanted’ son wins £125k slice of father’s fortune at High Court, after judge rules he was misled over parent’s favouritism – Daily Telegraph

Posted December 13th, 2019 in families, financial dispute resolution, news, wills by sally

‘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.’

Full Story

Daily Telegraph, 12th December 2019

Source: www.telegraph.co.uk

Resolving intractable disputes: best practice – New Law Journal

‘Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing.’

Full Story

New Law Journal, 27th November 2019

Source: www.newlawjournal.co.uk

Partner “too embarrassed” to tell clients truth is struck off – Legal Futures

‘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.’

Full Story

Legal Futures, 5th December 2019

Source: www.legalfutures.co.uk

FCA New Approach to Claims Management Regulation – St Pauls Chambers

‘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.’

Full Story

St Pauls Chambers, 28th November 2019

Source: www.stpaulschambers.com

Contract administration and notice provisions: mere procedure or condition precedent – Practical Law: Construction Blog

‘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.’

Full Story

Practical Law: Construction Blog, 26th November 2019

Source: constructionblog.practicallaw.com

Former model must lose £2.2m inheritance from Swiss banker boyfriend, court rules – Daily Telegraph

Posted November 29th, 2019 in bereavement, children, costs, families, financial dispute resolution, news, Supreme Court by tracey

‘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.’

Full Story

Daily Telegraph, 28th November 2019

Source: www.telegraph.co.uk

J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd [1] – No. 5 Chambers

Posted October 30th, 2019 in enforcement, financial dispute resolution, news by sally

‘Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice. The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach of natural justice has occurred, it is necessary to establish that the breach is more than peripheral; it must be material.’

Full Story

No. 5 Chambers, 7th October 2019

Source: www.no5.com

Wife fails to overturn financial award made in arbitration – Family Law

‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’

Full Story

Family Law, 23rd October 2019

Source: www.familylaw.co.uk

Financial Remedy & Divorce Update, October 2019 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’

Full Story

Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk