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Pre-nuptials: The profession’s responsibility
June 19, 2017
Ashley Murray is one of the few senior Circuit specialists outside London with a recognised big money ancillary relief practice. He is known for his knowledge and ability in this area of the law and his detailed preparation and attention to his brief.
The quality, clarity and cost of pre-nuptial agreements being produced for clients and the varied approaches being adopted to the negotiation process engaged in obtaining the same by some sections of the profession, it is suggested, requires some adjustments to current practice.
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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.’
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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)
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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.
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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.
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Mapping out Wanton Behaviour: MAP v MFP
September 11, 2015
The Court of Appeal in Vaughan v Vaughan [2007] EWCA Civ 1085, [2008] 1 FLR 1108, established the current test for reattribution within a divorce financial remedy claim where there has been a wanton dissipation of resources.
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Jordans Publishing Ltd £95.00 Hardback
September 11, 2015
Authors/Editors: John Eames, Ashley Murray, District Judge Helen Wood, Mark Harrop, Angharad Palin, David Salter
The only work on the subject to provide commentary, checklists, procedural guides and precedents on all aspects of the law in connection with the rights and entitlement of cohabiting couples
Excessive costs and J v J: a practitioner response (£)
January 19, 2015
The recent judgment of Mr Justice Mostyn in the North West of England case J v J [2014] EWHC 3654 (Fam) raises some important issues for the family legal profession.
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Concealment in Family Financial Proceedings: A Crime by Any Other Name (2014) Fam Law 1131
September 7, 2014
The introduction of the single Family Court is intended to herald a more efficient and cost effective system of family justice. However, the measure of the effectiveness of any system of justice has to be in its delivery.
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Breaking the Mould at the Bar
September 3, 2014
Setting the Scene
I remember one family holiday in Torquay. I was just 11 years old at the time with a very pronounced stammer, which I was not to overcome until I was 21. The Maltese landlady of the B&B which my mother and father had booked my brothers and I in at was saying goodbye. Asked what I wanted to be when I was older – I told her with some difficulty – a barrister.
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