Latest Updates

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

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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

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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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Wives Seeking Fairness on Divorce: R v R (2014) Fam Law 848

June 7, 2014

The history of progress of married women’s rights upon divorce before the matrimonial courts of England and Wales has been and in many respects continues to be a tortuous one.

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