Season 2

Listen to all episodes of the first series of Talking Family Law – the official Resolution podcast.

Listen on the go:


S2 Episode 1: CGT and the Finance Bill 2022

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Rebecca Fisher

Further information

The draft Finance Bill 2022-23, released on 20 July, goes much further than the OTS’ recommendations.  The headlines are as follows:
  1. No gain/no loss treatment extended to three years following the year of separation or date of decree absolute if earlier than 3 years
  2. No gain/no loss treatment with an unlimited time frame if the assets are subject to a formal divorce agreement (s225B(2)(a) or (b) – effectively a consent or court order)
  3. Where A has retained a financial interest in the property they will be able to claim PPR when the property is sold or transferred to a third party.  This replaces the current rule under s225B that PPR applies on a transfer from one party to another (that will become redundant with the unlimited time frame if an order)
  4. For Mesher type arrangements where spouse A transfers to B, B resides and A does not get a share of the sale proceeds until many years later then the disposal date of that later interest for A is deemed to be the date of original transfer on a no gain/no loss basis (at present this is more complex as you may be able to claim PPR for the period of occupation by B but then have potential CGT between end of order and sale).
The consultation on the draft legislation ends on 14 September 2022.  So what does this mean for family lawyers:
  1. The provisions will come into effect on or after 6 April 2023
  2. Life will be far simpler with much less risk about CGT arising in the context of divorce
  3. There is more parity on divorce with the other taxes – including SDLT
  4. There may be some merit in waiting to do a deal if it means you can claim the no gain/no loss treatment post April 2023 – that will be completely dependent upon a number of factors.
  5. Overall CGT is still an important consideration in the financial settlement – although there is not an immediate charge and cash flow issues – the transferee will still take the asset at base cost and will therefore have that to consider the CGT when they ultimately dispose of the asset(s)
The legislation is only in draft at this stage so it may change.  If it comes into effect, this is a real result for families who potentially will no longer need to go to the expense of tax reports, advice and rushing to transfer assets.

S2 Episode 2: Crypto-Assets

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Andrzej Bojarski & James Brockhurst

Listen to Andrzej Bojarski (family barrister) and James Brockhurst (private client lawyer) discuss crypto-assets, including what they are, essential terms, tracing, taxation and division.  This episode includes all the information required to understand this form of asset.

S2 Episode 3: View from the Judiciary

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: HHJ Roberts & HHJ Hess

In this episode we are joined by HHJ Roberts who is the Designated Family Judge at the Central Family Court, and the National Lead Judge for Divorce.  Before joining the Bench she was a solicitor, and ran the family department at her firm for 10 years, and HHJ Hess who is the Lead Judge of the London Financial Remedy Court, and the Deputy National Lead Judge of the Financial Remedies Court.  He is also Co-Chair of the Pension Advisory Group.  Before joining the Bench he practiced at the Bar for 25 years.

They join us for a fascination and wide-ranging discussion about the future for remote hearings, vulnerable witnesses, crypto-assets, the benefit of the change to divorce law, and why we should consider applying for judicial appointment.

S2 Episode 4: Private FDRs

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Katharine Landells, Antonia Mee & Sarah Phipps

Listen to Katharine Landells (solicitor at Withers), Antonia Mee (solicitor at Burgess Mee) and Sarah Phipps (barrister at QEB) make the case for private FDRs, explain the project to ensure that women are also being put forward as private FDR evaluators and discuss what is key to having a successful private FDR.
Herewith the best practice guidelines about selecting your FDR evaluator from 5th October 2021.  In effect,  regardless of the size of the list of proposed evaluators you are invited to include one from each gender.  The invitation is still in place today, and is supported by Resolution.
If and when this guidance is updated we will add it to these Notes.

S2 Episode 5: Parenting after Parting

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Adèle Ballantyne, Marcie Shaoul & Claire Colbert

Listen to Marcie Shaoul (Rolling Stone coaching), Claire Colbert (Family Mediation and Mentoring) and Adèle Ballantyne (Eleda Consultancy Limited) from the Parenting After Parting Committee outline their Parenting Through Separation Guide.

This Guide is available to everyone for free at, and is written for anyone who has children, and who has separated, or is thinking about separating.

S2 Episode 6: Abduction and its consequences

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Michael Edwards, Amy Rowe and Roz Osbourne

Listen to Michael Edwards (a barrister at 4PB), Amy Rowe (a partner at Dawson Cornwell) and Roz Osbourne (the Director of GlobalARRK which is a charity to support the stuck parent and children) discuss the law in respect of child abduction.  Amy and Michael take us through recent case law in respect of the defences to return orders under the Hague Convention 1980, and the use of inherent jurisdiction, they share practical and specialist insights about how to approach these summary proceedings.

In the discussion they refer to:

Re B (Children) (Abduction: Consent: Oral Evidence) (Article 13(b)) [2022] EWCA Civ 1171

Re NY (A Child) [2019] UKSC 49

G v G [2020] UKSC 9


Roz invites us to look at abduction cases from a different angle and the impact on the ’stuck parent’.  GlobalARRK supports the stuck parent and campaigns for change to the current law and procedure.  Follow the link to read their Principles for Change document


Note, just before the end Michael says ‘abduction’ when he means and is talking about ‘asylum’ – this was just a slip of the tongue.

S2 Episode 7: Surrogacy

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Natalie Gamble and Andrew Powell

Listen to Natalie Gamble (a solicitor and the director of NGA law) and Andrew Powell (a barrister at 4PB) consider the current law in respect of surrogacy before the law commission releases their final report due in Spring 2023.
This is a wide-ranging discussion about the principles behind surrogacy, surrogates consent, and commercial surrogacy.  This is a really helpful episode if you have a client approach you about obtaining a parental order in respect of their child.  We discuss reading down the legislation to make it compatible with the Human Rights Act 1998, and the concern about the impact on individual’s rights in this field if they did not have recourse to invite the Court to make a Declaration of Incompatibility.
During this discussion, Natalie and Andrew refer to:
Re X (A Child) (Surrogacy: Time limit) [2014] EWHC 3135 (Fam) – where the High Court read down the legislation to permit a parental order to be made after the 6 month time limit has expired.
Re Z (A Child) (No 2) – where the Court made a Declaration of Incompatabilty in respect of the statute at that time which required two applicants for a parental order; this has since been amended.
Re X [2020] EWFC 39 – – where the High Court read down the legislation to permit a parental order to be made where the male applicant tragically died during his wife’s pregnancy;
Natalie also talks about the research conducted by Brilliant Beginnings and University of Cambridge into why people looking for a surrogate often go abroad, which can be found here –  Natalie invites the listener to get involved with the campaign for law reform in this area at – Surrogacy law reform
If you would like to buy Andrew’s book ‘The law in relation to surrogacy’. The book is available to buy from Amazon;

S2 Episode 8: Economic Abuse

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Michael Horton KC and Olivia Piercy

In this episode we discuss the burgeoning jurisprudence around the impact of economic abuse on financial remedy cases with Olivia Piercy (Partner at Hunters Law) and Michael Horton KC (Coram Chambers).

Olivia and Michael discuss the following cases in the episode:

Traharne v Limb [2022] EWFC 27

DP v EP (Conduct: Economic Abuse; Needs) [2023] EWFC 6

DN V UD (Schedule 1, Children Act 1989; Capital Provision) [2021] 2 FLR 497

S2 Episode 9: Public Law

About this episode

Hosted by: Anita Mehta

Guests: Natasha Watson, Caroline Lynch & Hannah Markham KC

In this episode we chat to Natasha Watson (Acting Head of Law at Brighton & Hove City Council),  Caroline Lynch (Principal Legal Advisor at Family Rights Group) and Hannah Markham KC (36 Family) who were all members of the Public Law Working Group which reported in March 2021:
This is a wide-ranging discussion about the issues facing the family justice system.  Natasha and Caroline discuss the importance of Courts and social workers drawing a distinction between parenting in poverty, and poverty.  Natasha draws our attention  Anti-Poverty Practice Statement developed by the Sussex Quality Circle
They discuss whether 26 weeks is achievable, and whether it is even the right KPI in respect of case, the importance of Family Group Conferences and pre-proceedings work, and experts.  This includes reference to Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam)
Finally they discuss the importance of the right support package for special guardians and the need for us all to be more familiar with the special guardianship guidance.  The Public Law Working Group Best practice Guidance in relation to Special Guardianship can be found here:
This document produced by Family Rights Group sets out in detail the legal and practice framework relevant for financial support for special guardians:

S2 Episode 10: All you need to know about appeals

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Chris Barnes & Joseph Rainer

In this episode we speak to two keen advocates known for their appellate work; Chris Barnes and Joe Rainer.  Chris speaks about appeals in Children Act work and Joe speaks to financial remedy appeals.

We discuss how to evaluate the type of decision – is it an evaluative or discretionary decision, or is it a finding of fact and how this impact on your likelihood of success.  This is the speech of Mr Justice Mostyn about that:

In the context of the discussion, Joe talks about the decision of HHJ Hess in SC – and -TC  [2022] EWFC 67 in respect of a pre-nup:

We also discuss the ability of the respondent to put in a written response to an appeal, pursuant to:Jolly v Jay & Anor [2002] EWCA Civ 277 (7th March, 2002):

Chris mentions that the current case law in respect of costs on appeal in Children Act cases is contained in Re S [2015] UKSC 20 and Re T [2012] UKSC 36:

Plus we cover when to file a notice of appeal, caulderbanks, when to participate in the permission stage, costs, and procedural issues.If you have an appeal, or a potential appeal on your desk, this is a really helpful episode.