Latest issue
Latest blog posts
Quantifying Periodical Payments by Reference to the Needs Principle: Surveying the Wood Not the Trees
Tensions between competing propositions in financial remedy cases are not unusual. Is there also tension when determining the quantum of the applicant’s budget?
- Blog
- Needs
- Periodical Payments
!28/03/2024 11:43
AS v RS and Part III Applications
Legal and academic commentary since Potanina has focused on how the decision is likely to give rise to many more applications to set aside leave. What then, of the costs consequences for the unsuccessful applicant who now finds themselves either (i) being listed on notice on an inter-partes basis so the court can determine the question of leave having had the benefit of hearing from both parties, or (ii) having obtained leave ex parte, finds themselves having to defend the court’s decision to grant permission without hearing from the respondent when that respondent inevitably applies to set aside the grant of leave?
- Blog
- Costs
- Part III
!22/03/2024 16:13
Fabricated Judicial Decisions and ‘Hallucinations’ – a Salutary Tale on the Use of AI
The Information Commissioner’s Office defines Artificial Intelligence (AI) as ‘an umbrella term for a range of algorithm-based technologies that solve complex tasks by carrying out functions that previously required human thinking’. There can be no doubt that the use of AI within the legal market is growing rapidly.
- Blog
- AI
!21/03/2024 05:54
Rough Justice
Costs cases in family proceedings used to be few and far between, but a recent decision of Arbuthnot J in the case of KS v VS [2024] EWHC 278 (Fam) has caused something of a stir in the profession.
- Blog
- Costs
- Summary Assessment
!15/03/2024 11:35
Tousi v Gaydukova [2024] EWCA Civ 203
Sir Andrew McFarlane, Moylan LJ and Holroyde LJ. Transfer of tenancy under s 53 of the Family Law Act 1996: an appeal by the Husband of the decision of Mostyn J dismissing his appeal of an order for a transfer of tenancy on the basis that the parties' ‘non-marriage’ status resulted in them being ‘cohabitants’ under paragraph 3 for the purposes of the Act.
- Blog
!13/03/2024 22:31
Latest cases
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Julie Annette Merryman v Alex Raymond Merryman & Ors [2024] EWFC 58 (B)14 March 2024
HHJ Baddeley. Four stepchildren intervene successfully in financial remedies case in respect of four farming properties.
- Cases
- Proprietary Estoppel
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Williams v Williams [2023] EWHC 2479 (Fam)28 February 2024
Moor J: H held in contempt for failing to comply with orders; sentenced to 56 days’ imprisonment, suspended for 28 days, to allow filing of sworn Form E.
- Cases
- Committal Applications and Judgment Summonses
- Freezing Injunctions
- Costs
- Legal Services Payment Orders
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Tousi v Gaydukova [2024] EWCA Civ 2036 March 2024
McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity?
- Cases
- Void Marriage
- Jurisdiction
- Transfer of Tenancy
- Locus Lex Celebrationis
- Validity of marriage
- Non-Qualifying Ceremony
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SP v QR [2024] EWFC 57 (B)12 March 2024
HHJ Hess. Schedule 1 application with a ‘more modest’ asset base regarding residence in a property subject to a mortgage and ‘top-up’ maintenance for a disabled child.
- Cases
- 'Top-up' Maintenance
- Child Support
- Costs
- Children Act 1989 Schedule 1 Applications
- Needs of a Disabled Child
- Housing Need
- Child Maintenance
- Needs
- Child's Needs
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BL v OR [2023] EWFC 229 (Fam)7 December 2023
Sir Jonathan Cohen. Final hearing involving a prenuptial agreement in circumstances where W had transferred her property, which amounted to W parting with the bulk of her assets.
- Cases
- Agreements
- Needs
- Housing Need
- Duxbury Capitalisation