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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

The Duty to Advise – Analysis of Lewis v Cunningtons Solicitors [2023] EWHC 822 (KB)

The Duty to Advise – Analysis of Lewis v Cunningtons Solicitors [2023] EWHC 822 (KB)

https://www.bailii.org/ew/cases/EWHC/KB/2023/822.html Introduction There is little doubt from experience of general family finance practice that the frequency of solicitors’ use of client signed disclaimers has increased over the last decade. The form and practice of doing so is not consistent nor

Post-Separation Accrual in CG v DL – Are We Back to an Arbitrary Approach?

Post-Separation Accrual in CG v DL – Are We Back to an Arbitrary Approach?

Practitioners will be more than familiar with the authorities that underly the principle of non-matrimonial property. It is a judicial construct created to give effect to a ‘good reason’ to depart from the ‘equal sharing principle’ as developed through cases from White v White [2000] 2 FLR 981 through to

Breaking the Glass Ceiling – DR v UG [2023] EWFC 68

Breaking the Glass Ceiling – DR v UG [2023] EWFC 68

https://www.bailii.org/ew/cases/EWFC/HCJ/2023/68.html In a landmark judgment handed down by Mr Justice Moor, a wife has been awarded 50% of the parties’ assets in a £284 million ‘big money’ case, after the husband failed to establish that there should be a departure

Groundhog Day: a Response to the Report of the Financial Remedies Sub-Group of the Transparency Implementation Group

Groundhog Day: a Response to the Report of the Financial Remedies Sub-Group of the Transparency Implementation Group

The Financial Remedies Sub-Group of The Transparency Implementation Group, chaired by HHJ Farquhar, has produced its long-awaited Final Report, dated April 2023 but published in May 2023, Transparency in the Financial Remedies Court. It is a long, detailed and in many ways impressive report though unhappily, as we shall see,

Law Commission: Digital Assets

Law Commission: Digital Assets

The Law Commission’s long awaited report on Digital Assets has just been published. I commented on the consultation paper in my blog of 14 November 2022. Since that time the Law Commission has analysed the responses to the paper, examined the work of other law reform initiatives, met with

A 'Magisterial' Judgment – the Highest Praise for Mr Justice Mostyn: a Comment by Sir James Munby

A 'Magisterial' Judgment – the Highest Praise for Mr Justice Mostyn: a Comment by Sir James Munby

In Mr Justice Mostyn – An Appreciation on His Forthcoming Retirement [2023] FRJ 77 I referred more than once to his important decision in Hasan v Ul-Hasan, decd and another [2021] EWHC 1791 (Fam), [2022] Fam 1, [2022] 1 FLR 1033. I said that he had followed the proper approach, playing