Expert, in-depth commentary on financial remedies practice under the Family Procedure Rules 2010, from the distinguished Editorial Team behind At A Glance and @eGlance.
Financial Remedies Practice is firmly established as the essential, specialist reference for all family financial remedy practitioners.
Cited and used in courts every day, this unique book combines in a single portable volume authoritative Commentary on financial remedies practice and procedure together with the full and up-to-date text of the relevant Family Procedure Rules and Practice Directions.
The Commentary is written by the team responsible for At A Glance so you can be confident that the guidance is current, trusted and insightful.
Crucially, and unlike other books on the topic, Financial Remedies Practice provides unrivalled coverage of myriad decisions and developments under the CPR that now mirror many of the key aspects of financial remedies practice, such as injunctions, relief from sanctions, costs and general case management.
This breadth of coverage and the expertise of the authors means that Financial Remedies Practice should be on the shelf in every family law library.
What's new for 2021?
- Additional Commentary added on Brexit and COVID-19-related developments.
- Henrietta Boyle, Barrister at 1 Hare Court, joins the team of authors for this 2021 edition.
Financial Remedies Practice is available as a fully searchable and annotatable e-book, to be accessed online or offline on any device.
The combination of COVID-19, Brexit and a near coup d’état in the United States of America has made 2020 and the beginning of 2021 a tumultuous and historic period. At least the first two, if not so much the third, have had a dramatic and almost certainly enduring impact on the practice and procedure of family law in general, and financial remedies in particular.
With much of the population in prolonged, enforced and often unwelcome close proximity to their partner, domestic violence has rocketed and it is forecast that a corresponding upsurge in marital and relationship breakdown will lead to a deluge of work for the family lawyers. This will be another testing year. Whether the slew of statutory and secondary legislation amendments amounts to a record would require a statistical analysis beyond the abilities or inclinations of the authors, but it has undoubtedly been a bumper year for tinkering with the rules – and all of this without the implementation, yet, of the no-fault divorce on demand provisions of the Divorce, Dissolution and Separation Act 2020.
The necessity of most civil and family hearings, and virtually all financial remedy hearings, to be conducted remotely has been the mother, not so much of the invention, but of an accelerated evolution of practice and procedure bringing the law in general, and family law in particular, into the digital age. While the taking of evidence by video link has been around for a while, it has been traditionally reserved for witnesses from abroad, in detention or who are vulnerable. Now, at least for the time being, almost all witnesses give their evidence from their homes or solicitors’ offices – and the widely held misconceptions that this is unsatisfactory or in some way renders the task of the judge in sifting truth from untruth more difficult, are being gradually displaced through wide experience. Time will tell whether this enforced experiment is destined to be continued once the crisis is over. But surely there can be no going back in relation to electronic bundles, the introduction of which was already gathering pace by the time the Pangolin in the wet market in Wuhan was changing all of our lives, perhaps for ever. Exceptionally, this edition contains, at page 18, a separate Commentary on the COVID-19-related developments.
The greater driver to the manifold changes in the practice and procedure of family law is, however, undoubtedly the completion of the exit from the European Union of the United Kingdom. No more the Maintenance Regulation, the mandatory stay of the second-in-time petition, Service and Taking of Evidence Regulations or the (insert whatever is your pet hate of the now abolished pan-European procedure) – well, once the transitional provisions relating to ongoing proceedings have been exhausted. The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 list Brexit-consequential amendments to no fewer than 42 Acts and Statutory Instruments, the effects of most of which are illuminated in the comprehensively revised commentary. This edition contains, at page 1 a separate Commentary on Brexit-related developments. These developments have allowed us to expunge FPR PD 34C and the entirety of FPR Part 35, both of which only linger on transitionally for cases started before 11 pm on 31 December 2020. FPR Part 35 remains accessible in AAG Cloud for those remaining (if any) transitional mediated cross-border disputes governed by the Mediation Directive, as does FPR PD 34C for the surely more numerous Maintenance Regulation cases pending on 31 December 2020.
While many of us have been piling on the pounds (or, if you prefer, kilogrammes) lockdown has contributed to a modest reduction in the overall heft of this latest edition. Aware of the trend towards ever more obese editions year on year, the authors have worked tirelessly to shed excess material. Regular readers will note the reduction in direct quotations from authorities and particularly from the Rules themselves, the introduction of familiar abbreviations (such as s for section) and the culling from the text of duplicative citation references. The Table of Cases at page 881 contains all known references, but the main text of the commentary refers to neutral citation numbers (NCNs) where available and the most authoritative citation where no such NCN is known. Perhaps more controversially, the commentary now adopts the pilcrow symbol (¶) for paragraph, except for references to paragraphs of judgments which are embraced in square brackets. Aficionados will also spot the near total expunging of the last traces of the humorous bent of our late lead editor, Sir Peter Singer – his jokes another victim of a relentless drive against surplusage. The combined result is a volume approximately 5% less weighty than its predecessor despite the inclusion of a mass of new material. For those who might find themselves pining for the full quotations from authorities, extended citations and awful witticisms from earlier editions, the entire ninth (2020–21) edition remains available in AAG Cloud.
Although the law is generally stated as at 9 December 2020, in relation to matters relating to Brexit the law is stated as at 1 January 2021.
Order options (click on ADD TO BASKET to choose):
Book (print or digital) - £125
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Financial Remedies Practice & Dictionary of Financial Remedies Bundle (print or digital) - £150
Financial Remedies Practice & At A Glance Bundle (print or digital) - £170
ISBN: 9-781-85959-957-0 | Paperback | Published June 2021
Undoubtedly the best and most useful textbook on Financial Remedy work. Focused, practical and extremely user friendly.
'The book’s strongest point is the sheer level of detail and analysis on the application of the FPR 2010. This exceeds that set out in the Red Book.'
Financial Remedies Practice (2021-22) editors
Mr Justice Mostyn
Mr Justice Mostyn is a High Court Judge of the Family Division. He was previously a barrister specialising in Financial Remedies. He is a renowned and experienced computer program deviser.
He is an author of CapitaliseQuantum, and @eGlanceAt A Glance: Essential Court Tables for Financial Remedies.
He is a member of the Lord Chancellor's Advisory Group on Ancillary Relief, the President's International Committee, and of the Ogden Committee. He is a Fellow of the International Academy of Matrimonial Lawyers.
Lewis Marks QC
Lewis Marks QC is a barrister at QEB Chambers. He practises in family law, in particular in the sphere of "big money ancillary relief" (financial provision following divorce), and has appeared in many of the leading cases. He drafted the FLBA's response to the European Commission's Green Paper ("Rome III") on the applicable law and jurisdiction on international divorce matters.
He has been a long time co-author of the FLBA publication At A Glance@eGlance.
Lewis is a member of the Family Law Bar Association, and is a Fellow of the International Academy of Matrimonial Lawyers.
Gavin Smith is a family law barrister at 1 Hare Court. He specialises in financial disputes resulting from all forms of relationship breakdown, especially those with an international dimension.
Gavin also has an expanding private dispute resolution practice. He is a Resolution-trained mediator and collaborative lawyer, and in February 2012 was trained and accredited as an arbitrator (MCIArb) under the new family arbitration scheme established by the Institute of Family Law Arbitrators. With fellow arbitrators Sir Peter Singer and Rhys Taylor (30 Park Place Chambers, Cardiff) he was voted 'Most Innovative Family Lawyer of the Year 2012' at the Jordans Award Ceremony in October 2012, for their 'pioneering approach' to the cause of arbitration in developing their website FamilyArbitrator.com and managing its parallel LinkedIn discussion group of the same name. Together these resources comprise the most up-to-date and comprehensive information and research platform available for arbitration in family financial cases.
Gavin is a co-editor of At A Glance@eGlance and co-author of Financial Remedies under the Family Procedure RulesFinance Cases Round-Up. Gavin is a co-author of Smith & Bishop, Enforcing Financial Orders in Family Proceedings, and wrote the chapters on domestic and international enforcement of financial orders for the current edition of Rayden & Jackson.
Joshua is a Family Law Barrister at 1 Hare Court.
Following his undergraduate degree at Durham University, Joshua was awarded the Durham Post-Graduate Research Scholarship to research the reform of the Matrimonial Causes Act 1973.
During his Masters Joshua taught undergraduate law to third year students and subsequently worked briefly in politics and consulting.
Joshua lectures on Family Law and frequently presents seminars and articles. Joshua is a contributor to Rayden & Jackson
Henrietta is a family law barrister at 1 Hare Court, specialising in financial remedy cases. She has had over 50 articles and case summaries published across various family law platforms. Henrietta has also worked as a Judicial Assistant in the Family Division of the High Court.