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The Compensation Principle and Remuneration for Career ‘Sacrifice’ – TM v KM [2022] EWFC 155

The Compensation Principle and Remuneration for Career ‘Sacrifice’ – TM v KM [2022] EWFC 155

The compensation principle has made a surprising reappearance in the recent case of TM v KM [2022] EWFC 155, as HHJ Hess made an order for the wife to receive £500,000 by way of compensation for the 'relationship-generated sacrifice' [76] that she made in giving up her

Financial Remedy – Online Portal

Financial Remedy – Online Portal

https://mcusercontent.com/2750134472ba930f1bc0fddcd/files/1922777f-3c41-f7b7-9bf4-b812b769a99b/FFR_FLBA_Skills_Paper_JRKC_version1.pdf As of 31 January 2023 – Mandation Day – all applications for a financial remedy must be submitted and managed using the online portal. There will be a transition period to 28 February 2023 when applications on paper will

Things lawyers believe they know, but sometimes don’t – the ‘without prejudice rule’

Things lawyers believe they know, but sometimes don’t – the ‘without prejudice rule’

Introduction Recent experience in practice shows that there remains at times some real misunderstanding within the profession as to when before the court it is permissible to refer to a ‘without prejudice’ offer made between parties and when it is not. The ‘without prejudice rule’ Obviously, when an offer is

Crypto – Update

Crypto – Update

The Law Commission’s work on digital assets continues. In my blog post from 14 November 2022 I referenced the closing of the consultation period on the Law Commission’s paper ‘Digital Assets’, led by Professor Sarah Green. The paper itself is a prodigious piece of work and made some

Family Justice: Ostiis Apertis? Or a mantle of inviolable secrecy? A challenge to those who would keep the doors closed

Family Justice: Ostiis Apertis? Or a mantle of inviolable secrecy? A challenge to those who would keep the doors closed

Family Justice: Ostiis Apertis?[[1]] Or a mantle of inviolable secrecy?[[2]] A challenge to those who would keep the doors closed Sir James Munby 12 January 2023 On 28 October 2021 the President published the outcome of his Transparency Review: Confidence and Confidentiality: Transparency in the Family Courts. What

Myerson No. 1 and FPR 9.17(2): What Can the FDR Judge Actually Do?

Myerson No. 1 and FPR 9.17(2): What Can the FDR Judge Actually Do?

There has long been disagreement over what an FDR judge can – and cannot – do where agreement has not been reached between the parties and, in particular, whether he or she can (and if so should) make directions for a final hearing. By virtue of FPR 9.17(2) the judge

Announcement: Financial Remedies Practice 2023/24

Announcement: Financial Remedies Practice 2023/24

The authors are presently writing the 2023/24 edition, which is expected to be published by Class Publishing in April 2023. They have decided that the section of the Commentary on Part 27 concerning the applicability of the open justice principle to financial remedy proceedings (presently at §§27.89–27.