Financial Remedies Journal – 2024 Issue 3 | Winter
Issue 3 of 2024 was published in November 2024.
Download the whole Journal as a PDF (for free) below.
All articles in the Journal are also available individually.
DOWNLOAD 2024 ISSUE 3 – Winter 2024 (PDF)
Companies House – Housing Companies’ Information
Companies House is an executive agency of the UK government’s Department for Business and Trade. It holds the UK’s register of companies, as well as the Register of Overseas Entities. It is maintained by three registrars, one each for England & Wales, Scotland, and Northern Ireland.
James HardyBook Review: Research Handbook on Family Property and the Law
Dr Charlotte L Bendall reviews <em>Research Handbook on Family Property and the Law</em> by Professor Margaret Briggs and Dr Andy Hayward, published by Edward Elgar in 2024.
Dr Charlotte BendallDame Jennifer Roberts: An Appreciation
On 13 June 2024 a packed Lady Chief Justice’s Court was the scene of affectionate tributes to Mrs Justice Roberts, known to all as Jenny, who died on 10 June 2024. The sadness evident on that occasion and in writing an obituary for Jenny is mingled with the pleasure of recalling such a fine a
Non-Court Dispute Resolution and the New Protocol – Don’t Look a Gift Horse in the Mouth…
Whilst there are a multitude of options available to separating families – both in terms of finding outcomes but also support along the way – too often the last resort when the going gets tough has continued to be a court process. The new protocol is exactly what was needed to force a c
Katharine LandellsDR Corner: Early Reflections on Pre-Application Protocol – Seismic Shift or Damp Squib?
When the combined wisdom of a thousand cases leads to the identification of a particular problem, what are family judges to do about it? Publishing a judgment provides the most obvious and immediate answer. But often such pleas resemble the proverbial pebble dropped into the bottomless well.
Harry GatesA Practical Guide on How to Select your Expert, Reviewing the Expert's Report and When to Consider Engaging a Shadow Expert
Fiona Hotston Moore is an accredited expert witness, instructed on 40–50 matrimonial cases each year. A significant number of these instructions are as single joint expert or party expert providing an opinion on the valuation of a business or shareholding. This article shares her practical guidance
Fiona Hotston MooreIs the Current Approach to ‘Conduct’ in Financial Remedy Proceedings in Need of Reform?
The significance and role of marital misconduct in proceedings for financial relief on divorce has had a long and varied history in family law. This article explores that history and the evolving significance of conduct within the litigation process and poses the question whether the current approa
Femi OgunlendeInterview with Nigel Shepherd
Joanne Edwards interviews Nigel Shepherd, a former partner and national head of Family Law at Mills & Reeve, retiring as a consultant at the firm in October 2024. He was national Chair of Resolution 1995–1997 and again 2016–2018, the only person to have held that role twice and was
Joanne EdwardsBalancing the Books: Equitable Accounting in Trusts of Land Disputes
This article aims to provide the busy family practitioner with a fairly comprehensive guide to the <em>what</em>, <em>where</em>, <em>when</em>, and <em>how</em> of equitable accounting, specifically in the context of trusts of land, to assist you in getting such claims off on the right footing.
Charlotte JohnThe Winds of Change – Case Management and the Financial Remedies Court
Once upon a time, not so long ago, ‘ancillary relief’ was something of a legal backwater. Cases were determined solely by reference to ‘reasonable requirements’. Procedural rules, to the extent they existed, were short and loosely applied. Parties filed narrative affidavits
Alexander Chandler KCMoney Corner: EBITDA – The Valuer’s Measure of Profit
EBITDA – the valuer’s measure of profit, and other measures that may be considered.
Jessie KingDemeanour and Denial (or Don’t Mention the Data)
In his groundbreaking 1925 work, <em>Die Verneinung</em>, psychoanalyst Sigmund Freud postulated the existence of the psychological defence mechanism ‘denial’, whereby facts too painful to process or accept are rejected. Examples of its applications abound.
Nicholas BennettFinancial Remedies Case Round-Up (End April 2024 to Start October 2024)
These are the noteworthy case-law developments since the last issue went to press in April 2024.
Polly Morgan | Case EditorAs the English Family Court Grapples with a New Direction of Travel for Non-Court Dispute Resolution, What Are the Likely Impacts of Recent Changes and Are We at Risk of Putting the Cart before the Horse?
Over recent years, there have been an increasing number of public consultations and reports considering how to support the earlier resolution of civil disputes, both within the Family Courts and across other areas of practice. A key driver behind the perceived need for additional focus on this area
Polly AtkinsDelaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice
There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.
Professor David Hodson OBE KC(Hons) MCIArbValuation and Treatment of Business Interests on Divorce in England and Australia
The definition of ‘value’ is the present value of expected future net economic benefits to be generated by an asset. This definition alone gives an indication as to the complexities in arriving at a reasonable value of an asset. The complexities when seeking to determine the value of an
Jacqueline WoodsHemain Injunctions: How to Get Them and When not to Resist Them
A <em>Hemain</em> injunction application is typically made in the context of jurisdiction and/or forum non-conveniens proceedings. It is designed to restrain the respondent from progressing their rival overseas divorce petition pending the English court’s decision whether to dismiss or stay the Eng
Lily MottahedanChair's Column (Winter 2024)
For more than three decades the <em>Duxbury</em> tables have held a strong position in the determination of outcomes in financial remedies cases involving the capitalisation of maintenance obligations…
HHJ Edward Hess | Chair of the Editorial BoardThe Summary of the Summaries (Winter 2024)
Summaries, beginning with <em>TY v XA</em> [2024] EWFC 96, where Moor J reiterated that <em>Potanin</em> had not changed the basic test for the grant of leave to apply for financial relief under Part III MFPA 1984, which should from now on be on notice. The test is as set out at the 1984 Act, s 13.
Liam KellyTech Corner: Separate Space – How Tech can be Leveraged to Bridge the Access to Justice Gap
In this article, Victoria Nottage and Amanda Bell argue that not only will technology bring positive changes to the ways that lawyers provide services to their clients, it also presents exciting opportunities to bridge the long-standing gap in access to justice.
Victoria Nottage
Latest
Of Dogs and Divorce
Of dogs and divorce: why treating pets as chattels is an anachronism.
This is Ernest, our beloved English bull terrier. According to English law he has the same status as the chaise longue upon which he is performing his Kate Winslet impersonation. How can this be right? How can he
Pre-Nuptial Agreements: an ‘Oven-Ready’ Solution to a Pressing Problem? A House of Lords Debate
Late last month, Baroness Deech brought a motion in the House of Lords, ‘That this House takes note of the law relating to prenuptial agreements’.
The debate came against the backdrop of Baroness Deech having (of course) long pursued financial remedies reform through her Divorce (Financial Provision) Bill. She has
Stamp Duty Land Tax and Divorce
This is sometimes the forgotten tax on divorce. Maybe this is fair enough as there is a pretty clear exemption in tax law that states that stamp duty land tax (SDLT) will not apply to transfers pursuant to divorce.
However, the last few years have seen the introduction of two