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Financial Remedies: The Law Commission’s Scoping Project

Financial Remedies: The Law Commission’s Scoping Project

On 4 April 2023, the Law Commission announced that it would be undertaking a project to review the current law governing financial remedies on divorce or dissolution of civil partnership.[[1]] The purpose of the project is to determine whether there are problems with the current law that require reform,

The Summary of the Summaries (Winter 2023)

The Summary of the Summaries (Winter 2023)

Cummings v Fawn [2023] EWHC 830 (Fam) (Mostyn J) W’s appeal of a judgment, which had seen her held to a Xydhias agreement, was allowed on the basis that the first instance judge had not properly considered how W’s housing needs and debts could be met, nor that

Hasan – The Barder Conundrum – A Final Word (We Promise)

Hasan – The Barder Conundrum – A Final Word (We Promise)

The Supreme Court’s judgment in Hasan was handed down on 28 June 2023. Most readers will by now be at least peripherally aware of what the case was about. This article is to some extent a continuation of a blog post written by one of the authors for this

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

To Advise or Not to Advise – An Abundance of Caution? What Limitations Can Be Imposed and What are the Parameters of a Family Law Solicitor’s Duty?

To Advise or Not to Advise – An Abundance of Caution? What Limitations Can Be Imposed and What are the Parameters of a Family Law Solicitor’s Duty?

‘I did not have the money, and she did not have the time’ said Joanne Lewis, during her evidence before HHJ Coe KC at a final hearing in November 2022 (with judgment handed down on 31 March 2023) to determine Mrs Lewis’ professional negligence claim against her matrimonial solicitors, Cunningtons

Remarriage: Avoiding the Elephant Trap

Remarriage: Avoiding the Elephant Trap

This article is a practical guide to the legal consequences of a second (/third/fourth/fifth, etc) marriage, to assist when advising clients how to avoid falling into the ‘elephant trap’ of premature remarriage – a term coined by the late Singer J. It can be a messy topic, and it

The Pensions Ombudsman for Family Lawyers

The Pensions Ombudsman for Family Lawyers

Status of the Pensions Ombudsman The Pensions Ombudsman (TPO) is constituted under the Pension Schemes Act 1993 (PSA 1993). TPO may investigate and determine any complaint made to them in writing by or on behalf of an authorised complainant who alleges that they have sustained injustice in consequence of maladministration