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Consultation Responses

Justice Committee Court Capacity - Resolution response

Resolution is an organisation of 6,500 family lawyers and other family justice professionals in England and Wales, who believe in a constructive, non-confrontational approach to family law matters. Resolution also campaigns for better laws and better support for families and children undergoing family change.  Our members, and the couples and families they work with, are regular users of the family courts.

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Resource

CFC notice on financial remedy work and online platforms

The Central Family Court has issued a notice regarding financial remedy work covering the period from May - June 2020 and made clear they want online platforms to be used wherever possible throughout the Covid-19 outbreak.

The full notice can be downloaded on this page and we've highlighted the two sections particularly useful for members regarding;

- Directions in respect of non-urgent hearings and
- New applications

This page also includes a list of FRC courts where online platforms can be used for finance consent orders and issuing contested finance applications.

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The Review

Blood out of a stone

A court-appointed receiver is a fairly draconian step, but is worth considering as one possible strategy for an unco-operative ex-spouse.

Sadly, it is not an uncommon scenario: following hotly contested divorce proceedings an order is made that requires one spouse to make financial payments over a period of months or years to the other.

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The Review

Privilege, confidentiality and illegitimately obtained documents

In November 2019 Mrs Justice Knowles delivered a further judgment in the long-running Akhmedova v Akhmedov litigation ([2019] EWHC 3140). The judgment is a helpful summary of the law in relation to the use of illegitimately obtained documents and the circumstances in which a prima facie claim to privilege can be overridden.

In this article we will explore the background to the case, the facts and issues that arose for determination by Knowles J, the law on illegitimately obtained documents and their use in financial remedy proceedings, the law on privilege, the fraud/iniquity exception to privilege, and the decision in this instalment of Akhmedova v Akhmedov. We will finish by providing some practical guidance for practitioners.

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