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Nicholas Allen KC

Nicholas Allen KC

Barrister and Joint Head of Chambers at 29 Bedford Row (London). Door Tenant at St. Ives (Birmingham). IFLA arbitrator and PFDR/ENE tribunal. Appointe...

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Interview with Sir Nicholas Francis

Interview with Sir Nicholas Francis

.png) Nicholas Allen KC and HHJ Edward Hess interviewed Sir Nicholas Francis over dinner in December 2024, a few months after he retired from the High Court Bench If I remember correctly, you didn’t originally want to be a family lawyer, you wanted to be a shipping lawyer. Is

Betting the Farm

Betting the Farm

‘The beleaguered Judge looked from farming case to financial remedy case, and from financial remedy case to farming case, and from farming case to financial remedy case again; but already it was impossible to say which was which.’ In an area of law that has many dedicated sub-genres, few are

Post-Separation Income: Has Rossi Survived Waggott and Standish?

Post-Separation Income: Has Rossi Survived Waggott and Standish?

In Rossi v Rossi [2007] 1 FLR 790 Nicholas Mostyn QC (sitting as a Deputy High Court Judge) adopted a formulaic approach in relation to ‘a post-separation bonus or other earned income’. He stated at [24.4] that ‘[a]lthough there is an element of arbitrariness’ he would not allow

No Special Favours: Litigants in Person and the Financial Remedies Court

No Special Favours: Litigants in Person and the Financial Remedies Court

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/2614 Although not impacted in the same way as private law children proceedings by the restrictions on access to justice brought about the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which came into force on 1 April 2013, there are

Ma v Roux: Can You Strike Out a Set Aside Application?

Ma v Roux: Can You Strike Out a Set Aside Application?

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/1917 It was settled in Wyatt v Vince [2015] UKSC 14, [2015] 1 FLR 972 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an