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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

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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

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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

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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

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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

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