FRJ stage

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...

read more

Dickson v Rennie: Right or Wrong

Dickson v Rennie: Right or Wrong

The judgment of Holman J in Dickson v Rennie [2015] 2 FLR 978 records that at the final hearing of the mother’s Schedule 1 application in June/July 2007 District Judge Walker had ordered inter alia long-term periodical payments for the child of £41,200 pa (or £3,433

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

Introduction The Family Court does not have Trusts of Land and Appointment of Trustees Act 1996 (TLATA)[[1]] jurisdiction.[[2]] This creates a particular problem for proceedings in a Family Court which is not also a county court, most obviously the Central Family Court (CFC) in London. This article, although

AS v CS: What are the Consequences if the Court Has Not Mandated a Private FDR?

AS v CS: What are the Consequences if the Court Has Not Mandated a Private FDR?

The duty of the court to direct that a financial remedies application must be referred to an FDR appointment is set out in Family Procedure Rules 2010 (SI 2010/2955) (FPR) 9.15(4). Pursuant to this rule the court must direct such a hearing unless: (1) the first appointment,

The Thwaite Jurisdiction – A Stay of Execution?

The Thwaite Jurisdiction – A Stay of Execution?

The very existence of the Thwaite jurisdiction is controversial. Thwaite, Benson and L v L Its origins are (unsurprisingly) found in Thwaite v Thwaite [1981] 2 FLR 280. A consent order was made for the transfer of the matrimonial home in England to the wife on the basis that she

To Deduct or Not to Deduct: That Remains the Question After Collardeau-Fuchs

To Deduct or Not to Deduct: That Remains the Question After Collardeau-Fuchs

White v White [2000] 2 FLR 981 is rightly known for its fundamental reset of the principles that govern financial remedy claims. One perhaps lesser commented upon aspect of Lord Nicholls of Birkenhead’s speech is at p. 996 when he referred to Mrs White’s criticism of the use

Excluding s 25(2)(g) ‘Conduct’ from Consideration at an Interim Stage – Strike-Out or Summary Judgment by Another Name?

Excluding s 25(2)(g) ‘Conduct’ from Consideration at an Interim Stage – Strike-Out or Summary Judgment by Another Name?

Dmitry Tsvetkov v Elsina Khayrova [2023] EWFC 130 (4 August 2023) per Peel J has much of interest to say in relation to MCA 1973 s 25(2)(g) ‘conduct’. At [43] Peel J stated that at ‘stage one’ a party asserting conduct must prove: ‘i) the facts relied upon;

Orders Under Senior Courts Act 1981 s 39 – Can the Court Act in Anticipation of Default?

Orders Under Senior Courts Act 1981 s 39 – Can the Court Act in Anticipation of Default?

The judgment of Michael Horton KC (sitting as a deputy district judge) in AW v AH [2022] EWFC 195 raises an interesting jurisdictional question as to when the court’s powers arise to make an order under the Senior Courts Act 1981 s 39 (SCA 1981 s 39). That section