Latest Flyers

Ashley has over the last 7 years been producing at regular intervals a complimentary Flyer to his solicitors and the local judiciary in relation to new cases relating to financial relief after divorce and below there will be found a complete archive of the same.

Family Flyer 70

March 10, 2018

The Court’s Responsibility to Heed its own Overriding Objective

CH v WH [2017] EWHC 2379: Mostyn J.

Introduction:

The Family court has a long tradition of not being constrained by the limits of the specific application placed before it. A master of the matrimonial law, Lord Justice Ormrod in Ward v Ward & Greene (1980) 1 AER 176 observed, at the end of an appeal in which it had been suggested that the court could not under the (then un-amended) s 24 of the Matrimonial Causes Act 1973 make an order for sale without there also being a pro form summons before the Court under s 17 of the Married Women’s Property Act 1882, as follows:-

‘Before leaving the appeal finally, however, there is one point with which I want to deal…

To view the full flyer please click here.

Family Flyer 69

March 10, 2018

Seeking Part 25 Permission (Experts Instruction – Financial Remedy Cases) – Is a Formal Application required?

Introduction:

1. Practitioners will be aware that recently the local Family Court in Liverpool has emphasised that formal applications will normally be needed in all cases where an expert report is to be sought. It will be recalled that my previous Flyer 35 (http://www.ashleymurraychambers.co.uk/wp-content/uploads/2014/04/Flyer-35.pdf) dealt with the introduction of this, as then, new procedure for the instruction of Court experts in financial remedy cases.

To view the full flyer please click here.

Family Flyer 68

March 10, 2018

Barristers Fees and Transparency – the Bell Tolls

Recent Reports on Transparency at the Bar:

The Bar Standards Boards recently published its research findings (July 2017) in relation to the satisfaction of individuals, who had recently used the services of barristers in family law matters. The outcome was broadly positive.

However, 83% of those surveyed believed that barristers charge higher fees than other legal providers and more than half those sampled indicated that they were not confident that they had the appropriate information to make an informed decision on who to approach for advice on a family law matter.

To view the full flyer please click here.

Family Flyer 67

March 10, 2018

Tobias v Tobias [2017] EWFC 46: Mostyn J – guidance on applications for freezing orders, ex party orders and use of the out of hours judge

  1. W was in the FMH and H in a care home.  H applied for an ex party freezing order upon the FMH, which was charged in favour of commercial creditors and the Local Authority for unpaid council tax.  H also had registered a FLA 1996 notice of home rights.
  2. H’s application was to the out-of-hours High Court judge albeit there was no emergency.  His statement supporting the application was defective in failing to list the secured commercial debts, as was the application and there was also no divorce petition issued.

To view the full flyer please click here.

Family Flyer 66

March 10, 2018

Sharp return to uncertainty in divorce finance distribution – Sharp v Sharp [2017] EWCA Civ 408.

1. This Flyer is longer than most – for good reason – it contains substantive new law.

2. The ONS – 2013 showed 34% of marriages had ended in divorce by the 20th marriage anniversary. Hence, the risk to married couples of undergoing the trauma and cost of divorce remains significant. Resolution’s survey in 2014 found 28% of the separated adults taking part had taken out additional borrowing as a direct result of their relationship break-up (http://www.resolution.rg.uk/site_content _files/files/reso).

To view the full flyer please click here.

Family Flyer 65

March 10, 2018

Short Marriage Assessment of Quotidian Needs – FF v KF [2017] EWHC 1093 (Fam) (Mostyn J)

Whilst few of us will have used the adjective ‘quotidian’ this year or, let’s face it, in our lifetime – its’ use within Mostyn J’s recent judgment on appeal immediately in front of ‘needs’ does, at least, make us first check our web dictionaries as to its meaning and then, once hooked, to actually read a highly economic dispatch by His Lordship of the issues in a case which occupied the Manchester Money Judge, HHJ Wallwork, five days of hearing – mostly, according to Mostyn J, in addressing the ‘completely irrelevant’ subject of the level of the parties’ marital acquest, which W claimed was £3m when H had already in an open offer proposed more than half of that amount anyway and when both parties’ open positions ‘were predicated on an assessment of the wife’s needs’ (para 7).

To view the full flyer please click here.

Family Flyer 64

June 19, 2017

Equity of Exoneration – The Modern Application – analysis of Armstrong v Onyearu & Another [2017] EWCA Civ 258

  1. Once I mention Trustee in Bankruptcy – I can anticipate, like ITVs ‘Take me Out’, many family practitioners’ lights going out. But as Paddy McGuiness might say (apologies in advance) – let the ratio see the decidendi! .
  2. Yes this case was an appeal in respect of a Trustee in Bankruptcy’s claim that the W’s interest in the family home was subject to a secured loan, which had been used for H’s business

To view the full flyer please click here.

Family Flyer 63

June 19, 2017

Variation of Executory Orders

The Court of Appeal in the case of Bezeliansky v Bezelianskaya [2016] EWCA Civ 76, has recently reviewed the extent of the Court’s Thwaite v Thwaite (1980) power to vary the terms of any final order made, including those by consent.

Facts:

The Court was dealing with an appeal in respect of a consent order made by Holman J in 2013 upon the parties’ respective financial claims following their divorce.

To view the full flyer please click here.

Family Flyer 62

January 17, 2017

Pre-Nuptials – Quality, Clarity, Practice and Cost

It is suggested that there should be some concern over the direction pre-nuptial work in practice is taking, the widely differing quality of drafting experience and the ever rising costs being faced by the client in the process.

Click here to read more.

Family Flyer 61

January 17, 2017

 

As family lawyers we are all familiar with the anxieties of clients over mounting costs in a divorce financial claim.  The days when a client expected to write a blank cheque for the privilege of their legal advisor to represent them have long gone – and frankly – good riddance.

Click here to read more.

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