Latest issue
Latest blog posts
-
The Having of Children ‘Changes Everything’ – But in What Way?
How (if at all) should future non-financial contributions yet to be made by one of the parties to a marriage or civil partnership be taken into account when calculating the quantum of periodical payments?
- Blog
- Periodical Payments
- Needs
!07/05/2024 12:35
-
What’s the Point of a Judgment? Examples, Authorities and the Panopticon
What is the point of a court judgment, and to whom is it actually directed? In the past, there were three main reasons for a judgment: the first two concern the parties and (depending on your views about transparency) could be dealt with privately; the third, when it arose, required publication of the judgment. Now there is a fourth reason: transparency.
- Blog
- Transparency
!02/05/2024 15:48
-
D(R) Day: Today’s Changes to FPR Parts 3 and 28
FPR Part 3 has historically been underused. This may change as important revisions to both FPR Part 3 and Part 28 come into effect, on 29 April 2024, when the material parts of the Family Procedure (Amendment No 2) Rules 2023 (SI 2023/1324) come into force.
- Blog
- NCDR
- Family Procedure Rules
!29/04/2024 07:00
-
Hadkinson Orders: the Need to Show Restraint
This article addresses ‘Hadkinson’ orders, in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability.
- Blog
- Hadkinson Orders
!17/04/2024 10:22
-
Conduct and Its Consequences: Goddard-Watts and TK v LK
In ‘Is It Time to Consign the “Gasp” Factor to the History Books?’, Olivia Piercy and Anita Mehta considered whether three decisions might herald a significant change in the courts’ approach to domestic abuse, including economic abuse and coercive and controlling behaviour, as ‘conduct’ that it would be ‘inequitable to disregard’. If there is a nascent consensus that it is time for a change in approach, that view may not be universally held.
- Blog
- Conduct
!15/04/2024 21:08
Latest cases
-
Xanthopoulos v Rakshina [2024] EWCA Civ 848 February 2024
King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings.
- Cases
- Housing Need
- Needs
- Part III
- Appeals
- Costs
- Conduct
-
The Husband v The Wife [2024] EWFC 64 (B)15 March 2024
HHJ Willans. Needs case involving impressive parties with strong and opposing views over what has happened and what constitutes a fair outcome.
- Cases
- Sale of Property
- Needs
-
Re A v B (Schedule 1: Arbitral Award: Appeal) [2024] EWHC 778 (Fam)10 April 2024
Cobb J. A root and branch assault leads to the conclusion that the court is not limited to the 'four corners' of Schedule 1 and can make orders that require a party to borrow.
- Cases
- Appeals
- Children Act 1989 Schedule 1 Applications
-
Hersman v De Verchere [2023] EWHC 3481 (Fam)30 November 2023
Moor J. Successful application by H for W’s committal to prison for non-compliance with orders from 2019 and 2023.
- Cases
- Committal Applications and Judgment Summonses
- Enforcement
-
Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Appeals
- Trusts
- Pensions on Divorce
- Setting Aside Orders (Including Barder Applications)