April 2021 #202 – Law Journals

Overseas divorce: Tread carefully

Lizzie Smith and Laura Bond summarise the key elements of relief under Part III of the Matrimonial and Family Proceedings Act 1984 and the potential implications of the UK leaving the EU on such claims That a foreign court may have already made a financial order is not an automatic bar to a claim under …

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Financial orders: A clear purpose?

Nicola Meldrum and Nasbin Begum look at recitals in financial orders and whether they are contractual agreements or enforceable in the same way as orders In BSA v NVT, Williams J considered the relevant law, finding that recitals could be enforced as if they were part of the order itself where the court otherwise had …

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Brexit: Cross-border conundrums

Graeme Fraser and Eleri Jones explore the recognition and enforcement of maintenance following the UK’s withdrawal from the EU It is vital to consider these issues at the outset due to the ‘indirect’ jurisdiction rules which apply if enforcement abroad in a 2007 Hague Convention country is likely to be required. Since the UK referendum …

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Set aside: Original thinking

Matt Vincent considers the circumstances in which a financial order may be set aside and the available scope in cases involving a significant change in asset values In CB v EB Mostyn J found that where there is an inconsistency between statute and a practice direction, it is the practice direction that must be declared …

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Recusal: By all appearances

Lehna Gardiner and Helen Lafferty analyse when a judge may need to be recused and the test to be applied If there is a possibility that a judge has been, or may be, influenced for or against a party, for any reasons outside of the legal or factual merits of the case, then the judge …

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Appeals: Change and adapt

Andrew Scott explains the provisions of the Family Procedure Rules 2010, PD 41C in relation to appeals in the High Court in the context of the move to online working Steps under the new case management system for appeals in the High Court (Family Division) can be taken 24 hours a day, every day, including …

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Business assets: A tangled web

Karen Holden examines cases involving complex business assets and the approach of the courts to such assets The court will have ultimate discretion when dividing assets on divorce and attributing weight to the values of assets, guided by fundamental principles of sharing, needs and fairness. The courts have various powers when dealing with company assets, …

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