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Dictionary of Financial Remedies (2022) thumbnail image

The Dictionary of Financial Remedies is a unique reference guide to the key concepts, cases and practice of financial remedies.

Presented in an easy to use A-Z format, with cross-references where required, each entry acts like a practice note on the topic setting out the essential law, key cases and practice points you need to be able to advise on the issue with the minimum of fuss. The book distils the combined experience of the Editors whose aim is to provide a concise, practical handbook that focuses on the most important issues and practice points, covering everything from agreements to variation of settlements.

What's new for 2022?

This 2022 edition is fully updated to include changes and developments in the law from the last twelve months.

  • New entries include: Divorce Orders & Personal Injury Awards.

Who will find the book useful?

  • Every family law solicitor, barrister or legal executive advising clients on financial provision after separation
  • Mediators and other professionals involved in out of court dispute resolution
  • Expert witnesses, financial planners and pensions advisers working on financial remedy cases
  • McKenzie Friends & litigants in person

Paperback | ISBN: 9781859599938 | Published February 2022

Page count: 130

'It is extraordinary how much information has been crammed into such a slim volume. I have commented before that it is a very well judged mixture of substantive law and procedure. I particularly commend the section on jurisdiction written in the light of the expiration of the transitional period on 31 December 2020 and the final departure of the United Kingdom from the European Union. This is one of the best short synopses of the jurisdictional rules that you are likely to encounter[...]I remain convinced that this work is an essential component in every practitioner’s library.'

The Hon Mr Justice Mostyn

Dictionary of Financial Remedies 2022

Foreword to the ninth edition

Introduction to the 2022 edition

Add-Backs

Agreements

Appeals

Arbitration

Bankruptcy

Bonuses

Bundles

Chattels

Child Maintenance

Child Support

Children Act 1989 Schedule 1 Applications

Civil Partnerships

Civil Restraint Orders

Clean Breaks and Term Maintenance

Cohabitation of Recipient of Spousal Maintenance

Committal Applications and Judgment Summonses

Companies

Compensation Principle

Conduct

Consent Orders

Contingent Assets and Liabilities

Costs

Criminal Confiscation and Restraint Orders

Delay

Disclosure

Disclosure from Third Parties

Divorce Orders

Duration of the Marriage

Duxbury Capitalisation

Efficient Conduct

Enforcement

Executory Orders

Experts

Farms and Country Estates

FDRs

Financial Remedies Court (FRC)

First Appointments

Foreign Assets

Freezing Injunctions

Hadkinson Orders

Housing Need

Imerman and Hildebrand

Impaired Life Expectancy

Inflation

Inheritance Act Applications

Interest

Interim Relief

International Enforcement

Joinder of Third Parties

Jurisdiction

Legal Services Payment Orders

Life Expectancy

Maintenance Pending Suit

Matrimonial and Non-Matrimonial Property

Mesher Orders and Deferred Charges

Needs

Overseas Divorce and the 1984 Act

Pensions on Divorce

Personal Injury Awards

Privilege

Publicity and Confidentiality

Release from Undertakings

Remote Hearings

Sale of Property

Setting Aside Orders (Including Barder Applications)

Setting Aside Transactions

Sharing Principle

Special Contribution

Spousal Maintenance (Quantum)

Standard Family Orders

State Pensions

Stockpiling Orders

Striking Out Applications

Tax

TOLATA Claims

Trusts

Valuations

Variation Applications

Variation of Settlements

Very useful especially in ebook form

Zoe Saunders, Barrister, St John's Chambers

I see from the introduction to this outstanding work that I am now referred to as “our foreword writer” who has, by virtue of “incredible energy and judicial activism … kept the editorial team on its toes!” I am in two minds as to whether this is authentic praise or thinly disguised criticism. I incline to the former, for this is the fourth consecutive year that I have been invited to contribute a foreword. On the other hand, the phrase “judicial activism” is rarely intended as a compliment.

In each year I have amused myself by getting the computer to tell me how many times I am mentioned. In 2019 it was 94 times; in 2020 it was 97; in 2021 it had risen to 111; and this year I had reached the giddy heights of 135. I have further amused myself by having the computer tell me how my competitors have fared this year. The results are very gratifying: Moylan LJ – 29; Baker LJ – 18; Roberts J – 35; Moor J – 26; Cohen J – 13; Francis J – 8.

The customary Boolean search of Mostyn AND (criticised OR overturned OR reversed OR set-aside OR wrong) with a proximity filter of “on the same page” returned 13 cases although only one amounted to an actual criticism of a judgment of mine (the award of an indemnity against any future child support calculation in Ipekçi v McConnell [2019] EWFC 19). I was slightly nervous when I read on page 31 “Haskell v Haskell [2020] EWFC 9, Mostyn J (wrong to take snapshot view …)” but on a second reading I realised that I was not being accused of wrongness; rather, my opinion was being recorded.

Frivolity aside, this volume never ceases to impress me. It is a marvel how it crams in so much substantive and procedural law within such a confined space. It is the very acme of précis, and brilliant précis at that.

Naturally, I have been most interested to see what the dictionary says about the residents of my exclusive livery of hobby horses. I have carefully read what it says about short marriages, executory orders and variation of lump sums, and can very happily report that the issues stirred up by me have been fairly, neutrally and objectively reported, with the obvious and correct caveat in each case that it remains to be seen whether my views will be followed. I did, however, particularly enjoy the comment that all the learning on executory orders had been “persuasively thrown into disarray” by one of my decisions.

The hobby horse to which I am most devoted is, of course, costs, and again I am very happy to observe that my fulminations on the subject have been very fairly and objectively reported, in plain English, leaving the reader in no doubt of the dire consequences that will almost certainly ensue, whatever the size of the case, if there is a wilful failure to negotiate openly reasonably and responsibly

I have noted the statement on page 32 that “There is a body of opinion which favours the return of Calderbank offers and this may be considered by the Family Procedure Rule Committee in due course”. I would hazard that such consideration is unlikely in the short to medium term as the Rule Committee has deferred further discussion of the issue to see how the revised paragraph 4.4 of PD 28A is interpreted and applied in the developing case-law. A substantial body of such case-law is being built up; there are now 8 cases reported on Bailii where para 4.4 was applied. The emerging principles should achieve a better, fairer and less arbitrary system of reflecting an unreasonable negotiating stance than the reintroduction of Calderbank offers.

Once again, I strongly recommend that this volume is included in every practitioner’s essential library. It is almost certainly going to be on the desk of the judge hearing your next case.

Hon Mr Justice Mostyn
18 January 2022

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Editors

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His Honour Judge Edward Hess

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Peter Duckworth

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Sally Max

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Amy Kisser

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Janine McGuigan