Knowledge & resources

This is a checklist of the main points a solicitor or direct access barrister should bear in mind when accepting instructions from a LiP. It begins with general issues and is then divided into sections according to the stage of the proceedings.

I had the pleasure of joining a talk with Ian Hawkins and Steven Hennessy on this topic and the first question I had was what exactly is a financial neutral?

In E v L [2021] EWFC 60 Mostyn J provided helpful new insight into the application of historical company valuations in family financial proceedings. Here the accountancy SJE in the case reflects on what lessons can be learned.

AEOs can be powerful tools to ensure payment so maintenance, but the exact rules are rigid and need to be followed carefully.

In Derhalli v Derhalli [2021] unexpected developments in the housing market pending sale of the FMH could not change the fundamentals of an already-agreed consent order.

Mostyn J has raised the spectre of a Supreme Court reconsideration of financial claims following the death of a party.

Family lawyers are always avidly aware that a successful FDR hearing, or at the very least a clear indication, can make or break a case. The indications are important to move the matter forward and limit unnecessary expenditure, but also to guide both the client and the practitioner as to the likely interpretation of the court regarding the issues in dispute.

The rarely used Thwaite jurisdiction offers an important alternative to Barder where a client seeks adjustment of a financial remedy order because subsequent events - such as the consequences of the Covid-19 pandemic - render the original order unfair.

Practice and procedure – court ordered adjournment to encourage non-court dispute resolution –r3.4 FPR – Case management.

In Rattan v Kuwad [2021] EWCA Civ 1 the Court of Appeal signals a move away from forensic analysis of interim budgets in all cases.

Re Z concerned legal costs funding orders in relation to Schedule 1 and section 8 proceedings, interim financial provision, and a broad-brush approach to assessment in big money claims.

This case contained some interesting points on Covid and Brexit-related company valuations, but is chiefly of note for its costs sanction for failing to negotiate reasonably once the financial landscape was known.

In G v T Nicholas Cusworth QC, sitting as Deputy HCJ, considered the basis of company valuation and the concept of continuum versus new venture .

This extraordinary case pushed family proceedings to the limits in more ways than one.

It is important when getting divorced, or when dissolving a civil partnership, to consider the financial issues that arise out of the separation such as (a) what will happen to any house, or investments, you and your spouse or civil partner own (b) how should any pensions be divided between you and (c) what financial support will be provided going forward.

HMCTS has been introducing changes to procedures on financial remedy and divorce.

Although Corker Binning is a specialist defence firm, we appreciate that family lawyers experience both sides of a criminal investigation in representing both complainants and the subjects of those complaints.

We often receive enquiries via family lawyers from complainants, or potential complainants, seeking advice on the procedure and likely consequences of criminal investigations and proceedings. Whilst it is not usually necessary for complainants to receive formal criminal law advice (although this can be arranged, for example where a client is particularly anxious about the process of providing evidence to the police, or where there is a risk of a counter-allegation), we are always happy to share the benefit of our experience.