Latest Flyers

Family Flyer 102

October 7, 2022

“NEEDS” – No Hiding Place on Costs for Exaggerated Claims – an analysis of Peel J in WC v HC (2022) EWFC 40

In the Ashley Murray Chambers Case Update No 100 (‘TIME OUT- ABIDE BY THE RULES – OR ELSE! – analysis of WC v HC [2022] EWFC 22’) the substantive decision of Peel J in this matter was fully analysed. The Court determined W on a “needs” based approach should recover value of £7.45m. Subsequently, the parties addressed the consequential costs arguments. The combined costs amounted to £1.6m (W £917k and H £709k – the main difference in amounts being that H was not liable for vat).

H sought costs from W of £310k and W sought costs of £264k from H, being her costs of two interlocutory hearings (mps and directions) and in meeting H’s arguments as to the application of an unsigned post marital agreement. 

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Family Flyer 101

October 7, 2022

A Short Childless Marriage Lasting Just Months – An Award Too High? – an analysis of VV v VV – Peel J

Falling in love at first sight for a glamorous looking woman on a Eurostar rail journey was for this Husband to prove a highly costly mistake. A after just 5-7 months of cohabitation / marriage and 6 days of a London High Court hearing, W may on the other hand consider the price of the train ticket was still worthwhile.

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Family Flyer 100

April 27, 2022

Time Out – Abide by the Rules – Or Else! – analysis of WC v HC [2022] EWFC 22 – Peel J

Introduction:

When the former President announced a number of years ago the ambition of creating a Financial Remedies Court, it was clearly stated that the intention was to produce a modern and efficient justice system. At the same time, there was a warning that whilst its introduction would require a transitory period of bedding in for practitioners, there would come a time when the Court would expect strict compliance with its Rules and Procedure. That time has now arrived.

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Family Flyer 99

April 27, 2022

The New Financial Remedies Journal / Blog – At Least Someone is Listening

In 2000, in “Judges and Ancillary Relief” (2000) Fam Law 577 and, again, in 2008  “Appealing from District Judges: Cause for Concern” (2008) Fam Law 675, I raised my concerns about the lack of an efficient and specialised Court system to deal with what were then known as ancillary relief and now financial remedy cases. In the event, it was to be over another decade before the current Financial Remedy Court was to emerge as a realistic prospect. 

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Family Flyer 98

April 27, 2022

Toughening of Financial Remedy Court Procedure following Farqhuar Report

When the concept of a Financial Remedies Court was first canvassed by the former President of the Family Division, Sir James Munby, a number of years ago now, it was made abundantly clear then that the aim was to have an eventual Court system with an unrivalled reputation for quality and efficiency and that, in consequence, the same may well eventually require the imposition of penalties for lack of compliance for affected parties and professionals alike.

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Family Flyer 97

April 27, 2022

2022 – Some Observations on Financial Remedy Law and Practice in General

Entering 2022, I now approach my 48^th year as a barrister on the Northern Circuit. I came to the Bar a year after the Matrimonial Causes Act 1973 hit the statute book and the year the UK had joined the Common Market. In that time, I have been struck, when mainly practising exclusively in what was then called “ancillary relief” and is now financial remedy work with the, yet incomplete, struggle for equal treatment – in what we would term our civilized society – which women have had upon divorce division. 

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Family Flyer 96

April 27, 2022

Pensions – “A Little Knowledge is a Dangerous Thing” – T v T (variation of pension sharing order and underfunded schemes) [2021] EWFC B67

Facts:

H and W cohabited 1992 and married 1995. H a commercial director and W a hospital administrator had 2 children (20 & 25). They had separated in 2013 when H left the Fmh and their decree nisi was in 2013. The DJ made a final financial remedy order in 2015. The order provided for the Fmh to go to W and H to retain his own home bought post separation with a 40% PSO to W of H’s company pension (£826k ce) and both keeping their other pensions. The 40% PSO reflected the DJ’s broad assessment of balancing value for W gaining the whole of the Fmh value.

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Family Flyer 95

April 27, 2022

The Private FDR – in indelible ink – AC v CS (2021) EWHC 34 Mostyn J.

If there had been any thought by matrimonial practitioners that the provision for Private Financial Dispute Resolution (“PFDR”) in divorce financial remedy proceedings was a passing fad – then think again. 

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Family Flyer 94

April 27, 2022

Consent Orders – A Guide to Interpretation – an analysis of Derhalli v Derhalli [2021] EWCA Civ 112

Introduction:Interpretation of Consent Orders is an exercise often embarked upon a considerable time after an order was made and invariably after the financial geography of the respective parties has altered considerably from that which formed the basis of the negotiation leading to the order in the first place. Such changes can result in the party worst affected by the subsequent changes to take up stances as to the meaning of the words used in the Consent Order which would have been untenable if raised at the time.

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Family Flyer 93

April 22, 2021

Private FDR Remote Hearings – Reduced Fixed Fee Update

A. Reduced Covid-19 FDR Fee:

Substantive family finance cases are, as with all other cases across the Court Divisions, in the aftermath of the Covid-19 pandemic now significantly delayed and are likely to continue to be so well into the 2022. Unfortunately, this will have serious family, financial and emotional consequences for divorcing couples about to be or already engaged in divorce proceedings.

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