Latest Updates
Family Flyer 86
October 5, 2020
The Cost of a Failure to Openly Negotiate – an Analysis of Mostyn J’s Judgment in OG v AG [2020] EWFC 52
Facts:
H and W had made cross financial remedy applications upon divorce and these proceedings had been ongoing for almost 2 years. The marriage had lasted 25 years and there were two children (25 &10) who remained living at the UK Fmh with W. The parties had operated a ducting business X worth almost £14m with each taking active roles therein 9 (and as joint shareholders). The parties had also built up a property portfolio both in the UK and abroad and under the name of X received rentals.
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Family Flyer 85
October 5, 2020
General Approach to and “Due Diligence” responsibilities in Non-Disclosure Set Aside Applications.
Introduction:
1. The “three buses” experience appears uncannily to happen in legal practice just as it does when waiting for overdue public transport home on a wet night. Having not had a case on a set aside application for some time, suddenly during “lock down” three have made such an appearance. As a result I have had to remind myself of the Sharland and Gohil principles, which were the subject of an earlier Flyer in 2015 (Flyer 57 “Sharland and Gohil Summarised”) and then an article published in Family Law (“Concealment in Family Financial Proceedings: A Crime by Any Other Name” (2014) Fam Law 1131).
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Family Flyer 84
October 5, 2020
Introduction:There appears to have been some recent interest shown in a decision of HHJ Hess in W v H (divorce financial remedies) [2020] EWFC B10 on the basis that the judgment sets out some new principles relating to pension distribution. In fact, it does nothing more than repeat the President’s endorsement as to what should be now the accepted guidance to the judiciary and practitioners following the Pension Advisory Group’s 2019 Pension Report on the approach to pensions in financial remedy cases.
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Family Flyer 83
October 5, 2020
FAMILY COURTS REMOTE ACCESS PROTOCOL – Northern Circuit
Local Family Practitioners have been experiencing obvious difficulties in understanding the practical arrangements necessary for Court cases in the wake of the Covid-19 crisis and within the last 72 hours there has been a cascade of Guidance and Directives from National and Circuit sources.
The Family Courts on Circuit will be closed to physical access until further notice.
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Family Flyer 82
October 5, 2020
The Financial Remedy Courts – Coronavirus latest update or let’s get a reality check!
Let’s get real – the Court system cannot effectively operate in the present developing shut down of the country. Social contact is already being advised against. Court cases like non urgent operations will have to be put off. In the meantime, until this penny finally drops, here is the latest issued advice just received.
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New Eighth Edition
October 5, 2020