Latest Updates
Family Flyer 59
January 17, 2017
The Debate on Evidential Burden in Judgment Summons Hearings
In Flyer 55 Judgment Summons – An Inadequate Remedy and a Defaulter’s Charter – analysis of Prest v Prest [2015] EWCA 714. I set out the analusis of the Court of Appeal’s decision (McFarlane LJ) in the case of Prest v Prest [2016] 1 FLR 773 dealing with in particular, the required procedure to be followed upon a judgment summons committal hearing.
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Family Flyer 58
January 17, 2017
An analysis if W V H (No 2)(Contempt, contents of application notice) [2015] EWHC 2436 (Fam)
Whilst the committal hearing is also reported, it is the report, as above, dealing with Parker J’s consideration of the procedural requirements of committal applications and the powers of the court to remedy defects, which is of the most interest to practitioners.
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The Evidential Burden in Judgement Summons Hearings: Migliaccio
August 19, 2016
In my article published in November [2015] Fam Law 1365, ‘Judgment summons: an inadequate remedy – a defaulter’s charter: Prest v Prest‘, I set out an analysis of the Court of Appeal’s decision (McFarlane LJ) in that case (reported at [2016] 1 FLR 773) dealing with, in particular, the required procedure to be followed upon a judgment summons committal hearing. In Prest, a number of previous authorities were considered, including Bhura v Bhura [2012] EWHC 3633 (Fam), [2013] 2 FLR 44 (per Mostyn J) and Mohan v Mohan [2014] 1 FLR 717 (per Thorpe LJ). In Bhura (at para [13] of the judgment) Mostyn J had, within 13 propositions, summarised the legal principles applicable to a hearing for a judgment summons. In the fourth proposition His Lordship stated:
‘It is essential that the applicant adduces sufficient evidence to establish, at least, a case to answer. Generally speaking, this need not be an elaborate exercise. Proof of the order and of non-payment will likely give rise to an inference, which establishes the case to answer.’
To view the full article please click here.
New Financial Guide
May 25, 2016
The Family Justice Council has launched a new financial guide to help people going through a divorce without a lawyer. The guide can be found here.
Cohabitation: Law, Practice and Precedents review – “I found this to be very interesting and perhaps one of the best written commentaries I have read on this area of law. I note that the chapter on pre-nuptial agreements in earlier editions of the book have similarly been well received.” Graeme Fraser, Hunters, London Family Law Journal, April 2016
Do’s and Don’ts of Committal Applications
May 25, 2016
In W v H (No 2) (Contempt: Contents of Application Notice) [2015] EWHC 2436 (Fam), [2016] FLR (forthcoming and reported at [2016] Fam Law 288), Parker J considered the procedural requirements of committal applications and the powers of the court to remedy defects (to read more please visit http://www.familylaw.co.uk/news_and_comment/do-s-and-donts-of-committal-applications?platform=hootsuite#.VxiiYDArKhc)
To view the full article please click here.
Interim Power of Sale and Possession: Wicks Revisited – [2016] Fam Law 194
February 23, 2016
Wicks v Wicks [1998] 1 FLR 470 and its determination that there was no effective interim power of sale of the former matrimonial home (FMH) for divorcing parties pending a final hearing has been a source of injustice, mainly for wives, for almost two decades.
To read the full article please click here.
Family Flyer Issue 57
December 20, 2015
Over recent weeks I have been requested on a number of occasions to attempt to summarise the principles to be derived from the conjoined appeal decisions of the Supreme Court in Sharland and Gohil. Accordingly, I have tabulated such a summary in the hope it will be of assistance generally.
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Judgment Summons: An Inadequate Remedy – A Defaulter’s Charter: Prest v Prest
December 6, 2015
Since the decision in Mubarak v Mubarak [2001] 1 FLR 698, the inadequacies of the judgment summons route to enforcement of a ‘money’ order have been well-known to the Profession.
To read the full article please click here.
Family Flyer Issue 56
December 6, 2015
Wicks v Wicks [1998] 1 FLR 470 and its determination that there was no interim power of asset sale for divorcing parties pending a final hearing has been a source of injustice, mainly for wives, for almost two decades.
Please click here to read more.
Family Flyer Issue 55
December 6, 2015
Since the decision of Mubarak [2001] 1 FLR 698, the inadequacies of the Judgment Summons route to enforcement of a ‘money’ order has been well known to the Profession. The Judgment Summons process at that time made no reference to the criminal standard of proof, required individuals to incriminate themselves, placed the burden of proof on the person facing committal and confused the separate approaches required when undertaking a means enquiry and committal proceedings.
Please click here to read more.