The Financial Remedies Court: Latest Developments – Family Law Week

Posted October 15th, 2018 in courts, families, financial dispute resolution, news, pilot schemes by tracey

‘Matthew Richardson, family barrister at Coram Chambers, provides an update on the progress of the Financial Remedies Court and highlights that rollout dates are soon to be announced.’

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Family Law Week, 14th October 2018

Source: www.familylawweek.co.uk

City firms launch review into dispute resolution for companies wronged by banks after RBS scandal – Daily Telegraph

‘City firms have launched a review into dispute resolution for companies wronged by banks, in the wake of the scandal over RBS’s mistreatment of small businesses. UK Finance, the lobby group for 300 British finance companies, has commissioned an independent study to analyse how complaints and disputes can be resolved in a more time and cost effective manner.’

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Daily Telegraph, 29th April 2018

Source: www.telegraph.co.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: Integrity and independence in the judiciary and the financial services industry – a comparative study – Courts & Tribunals Judiciary

‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: Integrity and independence in the judiciary and the financial services industry – a comparative study.’

Full speech

Courts & Tribunals Judiciary, 21st March 2018

Source: www.judiciary.gov.uk

A new financial court for the super wealthy? – Transparency Project

Posted December 11th, 2017 in courts, divorce, financial dispute resolution, judges, news by sally

‘The Times and The Telegraph are reporting that new courts are being established to deal with the financial side of divorces for the wealthy.’

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Transparency Project, 8th December 2017

Source: www.transparencyproject.org.uk

New courts planned to hear super-wealthy battle over finances – Daily Telegraph

‘Divorce battles among the super wealthy will be heard in separate courts under a plan to make the system more efficient, the head of the family court has announced.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Financial Remedies Courts should lead to ‘greater predictability’ – Family Law

Posted December 6th, 2017 in courts, divorce, families, financial dispute resolution, news, pilot schemes by sally

‘Legal experts believe new Financial Remedies Courts (FRCs) should provide claimants and respondents with greater predictability, when resolving financial claims on relationship breakdown. Three FRCs will be piloted in London, the West Midlands and South East Wales from February 2018. Judges in FRCs will have a greater level of expertise in financial cases. Partners at Mishcon de Reya and Alexiou Fisher Philipps say this will lead to greater predictability of outcome, which the Law Commission has found is not always the case at present, and that it will free up more time in the overburdened family courts.’

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Family Law, 6th December 2017

Source: www.familylaw.co.uk

Divorced helicopter pilot who refuses to leave the marital home could be jailed – Daily Telegraph

‘A helicopter pilot who barricaded himself in the home he lost in his £6m divorce will be jailed if he does not get out of the property by next week.’

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Daily Telegraph, 27th July 2016

Source: www.telegraph.co.uk

Finance & Divorce Update, July 2016 – Family Law week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’

Full story

Family Law Week, 15th July 2016

Source: www.familylawweek.co.uk

Ordering the would-be undertaker: the equitable reach of the Family Court – Family Law Week

‘Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.’

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Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

Ex-model wins ‘record’ £53m cash settlement in divorce battle – The Guardian

‘A former model has been awarded a £53m cash settlement in a high court divorce battle with her Saudi billionaire ex-husband.’

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The Guardian, 8th July 2016

Source: www.guardian.co.uk

Ombudsman warns on financial appointee role after council told to repay £12k – Local Government Lawyer

‘A local authority has agreed to repay nearly £12,000 to a disabled woman for whom it was acting as financial appointee, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 24th May 2016

Source: www.localgovernmentlawyer.co.uk

The Family Justice Council Guide to Sorting Out Finances on Divorce – Family Law Week

‘Stuart Clark, Associate Solicitor at The International Family Law Group LLP, reviews the newly published guide for LiPs dealing with their financial matters after divorce or civil partnership dissolution.’

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Family Law Week, 14th April 2016

Source: www.familylawweek.co.uk

Finance & Divorce Update, April 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016.’

Full story

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) – WLR Daily

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176

‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

Full story

Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

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Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

Family law: setting aside orders – Law Society’s Gazette

‘On 14 October the Supreme Court (SC) gave judgments in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61. Both Mrs Sharland and Mrs Gohil were successful in the respective consent orders being set aside due to significant non-disclosure by their former husbands.’

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Law Society’s Gazette, 7th December 2015

Source: www.lawgazette.co.uk

Family ADR boosted by new guidance – Law Society’s Gazette

‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’

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Law Society’s Gazette, 24th November 2015

Source: www.lawgazette.co.uk

Afghan war hero wins divorce battle with wife who ‘wasted’ part of his £1m injuries payout – Daily Telegraph

‘A wife who divorced a severely wounded soldier after “wasting” a large part of his £1 million compensation has lost her legal battle to get her hands on what was left of the cash.’

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Daily Telegraph, 17th November 2015

Source: www.telegraph.co.uk

Late Saudi King Fahd’s ‘secret wife’ wins payout – BBC News

‘A woman who says she was the “secret wife” of the late King Fahd of Saudi Arabia has won a multimillion-pound claim at the High Court.’

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BBC News, 3rd November 2015

Source: www.bbc.co.uk