T +44 (0) 203 178 5668 | [email protected]

Search
Close this search box.

2024

Meet the Resolution Committee Member

How long have you been involved with Resolution? My involvement with Resolution goes back nearly two decades. What committees do you sit on? The National Committee since election in May 2024. Why did you get involved with Resolution? Resolution’s values are incredibly close to my heart and central to how

Read More »

Conduct – To Plead or not to Plead?

When is conduct relevant? Section 25(2)(g) of the Matrimonial Causes Act 1973 states that for conduct to be taken into account in financial remedy proceedings it needs to be conduct that would, in the opinion of the Court, be inequitable to disregard. What does this mean? Section 4.4 of the

Read More »

Economic Abuse in Family Proceedings

Economic Abuse Economic abuse is a form of domestic abuse and is defined at section 1(4) of the Domestic Abuse Act 2021 as ‘any behaviour that has a substantial adverse effect on B’s ability to (a)acquire, use or maintain money or other property, or (b)obtain goods or service’.  There is

Read More »

Important Development in the Marinos/Munro Saga

https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/163 A more detailed explanation of the background to this issue can be found in a blog Prof David Hodson OBE KC(Hons) MCIArb and I wrote for the FRJ earlier this year, but in considerable summary the position is as follows. When the UK joined Brussels II (March 2001), two of the

Read More »

Parenting Disputes & Unnecessary Litigation

All significant decisions relating to a child’s welfare, including their education, upbringing, accommodation and medical needs, must be taken by those with parental responsibility.  The definition of parental responsibility is set out at section 3 (1) Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law

Read More »

Potential Curtailment of the English Court’s Powers Under Part III MFPA

The recent decision of Moor J in TY v XA [2024] EWFC 96 (24 April 2024) has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin [2024] UKSC 3 (31 January 2024). The judgment contains some helpful clarifications including that applications for leave

Read More »

Revised Finance Pre-Action Protocol

On 29 April 2024 important changes were made to FPR Part 3 and Part 28 to promote non-court dispute resolution (NCDR). These changes include requiring the court to encourage parties to use NCDR, the introduction of a new form (FM5) requiring parties to set out their views on NCDR, and

Read More »