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Financial Remedies Practice (2023-2024)

Commentary, Rules and Practice Directions for financial remedy proceedings in the High Court and Family Court.

ISBN: Paperback | 978-1-80161-067-4 | Digital | 978-1-80161-068-1

Financial Remedies Practice 2023 -2024 | Print

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£125.00

Financial Remedies Practice 2023 -2024 | eBook

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£125.00

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Authors

Https www middletemple org uk civicrm contact imagefile photo NICHOLAS ANTHONY JOSEPH GHISLAIN MOSTYN a6bb9fcdddf1415601f050635259b584

Sir Nicholas Mostyn

Lewis Marks QC 300x230

Lewis Marks KC

Gavin Smith web 1

Gavin Smith

Joshua Viney web

Joshua Viney

Henrietta HD

Henrietta Boyle

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Henry Pritchard

Commentary, Rules and Practice Directions for financial remedy proceedings in the High Court and Family Court.

In a single volume, the book covers:
  • authoritative Commentary on financial remedies practice and procedure
  • the full and up-to-date text of the relevant Family Procedure Rules
  • Practice Directions
  • Descriptive Commentary on the Financial Remedies Court
  • 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
What's new for 2023?

This 12th edition incorporates all the significant developments of the last 12 months, whether resulting from statute, rule or PD amendment or case law.

  • Commentary on Part 3A has been updated to reflect the entry into force of section 65 of the Domestic Abuse Act 2021 and the introduction of ‘qualified legal representatives’ to conduct cross-examination where required by the Act.
  • Commentaries on Parts 5 and 36N have been expanded to give detailed guidance on the online ‘portal’, whose use is now mandatory in cases where the applicant is legally represented.
  • Commentary on Part 27 has been substantially rewritten to examine in greater depth the lively debate about open justice in the realm of financial remedies.
  • The major clarification of the court’s powers to grant injunctions expounded in Convoy Collateral Ltd v Broad Idea International Ltd [2022] UKPC 703 and subsequent decisions is analysed in the Commentary on Part 20.
  • The body of case law on litigation conduct and costs continues to increase and is fully discussed in the Commentary on Part 28.
  • Important changes to the general enforcement application are noted in the Commentary on Part 33.

Mostyn was from the outset responsible for all the heavy lifting on FRP which remains distinctively a monument to his erudition and mastery of the sources. Its up-to-date coverage of both the family and the civil case-law is so extensive – seemingly exhaustive – as to put the poor old White Book to shame.

Sir James Munby

'this is undoubtedly the most comprehensive guide to financial remedies procedure'

Law Gazette

Undoubtedly the best and most useful textbook on Financial Remedy work. Focused, practical and extremely user friendly.

James Roberts KC, 1 Kings Bench Walk Chambers

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.

Andrew Newbury, Hall Brown, writing for the Law Gazette​

Preface to the Twelfth (2023–24) Edition

In the run up to the publication of this edition and indeed the penning of this Preface, it has become increasingly easy to forget that only 2 years ago we were emerging from an unprecedented period of restrictions on our civil liberties imposed in the course of the Covid-19 pandemic.

Fortunately, the hearing before the Committee of Privileges of the House of Commons has acted as a timely reminder. As with every crisis, including those with tragic outcomes for so many, the pandemic accelerated progress across vast swathes of fields of endeavour. Family law in general, and financial remedies practice in particular, have benefited from the jump-start of digital projects which would otherwise probably have taken years, if not decades, to have been embraced by the courts and practitioners alike.

It is understandable, if regrettable, that the mostly positive experience of necessarily remote hearings during the pandemic has been largely discarded in favour of a return to business-as-usual, meaning often unnecessary travel to, waiting time at, and uncomfortable (or absent) facilities in ever-more decrepit court buildings.

Like all of its predecessors, this refreshed volume comprehensively reviews and summarises the many and various adjustments and
amendments to the procedure for financial remedy cases.

Despite the endeavours of the authors and editors, ever aware of the physical limitations of the binding process, to limit the heft of the volume, the inexorable deluge of judgments (but, at least so far as this volume is concerned, not so much from the legislature or Rule Committee – with a
paltry three Family Procedure (Amendment) Rules 2022/2023) has resulted in the delivery of a work distinctly different from its predecessor. Of this
Horace would surely have said parturient montes, nascetur magnificus puer. [1]

It is not possible in this deliberately emaciated Preface to do justice to the endeavours behind the extensively rewritten text, just a few highlights of
which are summarised below.

The Commentaries on Parts 20 and 33 have been extensively revised to reflect what has been described as the unleashing of the court’s powers in
relation to injunctions by the Privy Council in Convoy Collateral Ltd v Broad Idea International Ltd [2021] UKPC 24 as explained by the Court of Appeal in Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312 and Bacci & Ors v Green [2022] EWCA Civ 1393.

The Commentary on Part 3A has been updated to summarise the rapidly developing understanding of the importance of accommodations, in the
form of participation directions, being made for vulnerable witnesses and participants in proceedings, including the bringing into force of s 65 of the Domestic Abuse Act 2021 prohibiting the cross-examination of victims of domestic abuse by their abuser, and the inception of the scheme of ‘qualified legal representatives’ being appointed to undertake conduct of any such cross-examination.

The ever-accelerating move to a digital family court results in extensive additional Commentaries on Parts 5 and 36N as practitioners wrestle with
the delights of ‘the portal’, which while for the moment is merely a ‘pilot’, is undoubtedly a portent of what is to come to us all eventually. The new
system is mandatory for all cases in which the applicant is legally represented. Fittingly, the ‘how to’ guidance is also digital – hello YouTube!

Perhaps the hottest topic, although hardly a novel one, is the enduring differences of approach between the judges at the pinnacle of the financial
remedies tree, in relation to the transparency or opacity of financial remedy hearings. The ‘reporting pilot’ schemes in Leeds, Cardiff and Carlisle,
permitting extensive, albeit anonymous, media coverage of family proceedings certainly indicates the direction of travel, although there remains resistance amongst parties, legal advisers and judges alike at all levels.

The updated Commentary on Part 27 embraces the developments in this tussle including summaries of the decisions in Sunderland City Council v
Macpherson
[2023] EWCOP 3 and Re PP (A Child: Anonymisation) [2023] EWHC 330 (Fam). It is, however, in the nature of the difference of approach that there are fewer public pronouncements from those members of the judiciary who are less enthusiastic about the transparency project.

The revised Commentary on Part 27 also includes updates in relation to judicial recusal, the return to ‘in court’ hearings and the disapprobation of
‘forensic cheating’ in the preparation of page-limited documents for hearings.

The ninth (2020–21) edition of this work included a tribute to our late colleague, co-author and friend Sir Peter Singer. We could not end this
Preface without mention of the forthcoming retirement (from the bench, but not from this publication) of our lead contributor and author, Mr
Justice Mostyn, who will step down in the summer of 2023. Since his appointment in April 2010 he has illuminated the law reports with his
inciteful, wise and often revolutionary vision of family law in general and the law of financial remedies in particular. Future editions of this work,
albeit with his authorial input will be all the poorer for the absence of his future judicial outpourings. Although his name appears below this Preface, he has had no part in this final paragraph.

The law is generally stated as at 31 December 2022

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Editors

Financial Remedies Practice (2023-2024) thumbnail image

Sir Nicholas Mostyn

Financial Remedies Practice (2023-2024) thumbnail image

Lewis Marks KC

Financial Remedies Practice (2023-2024) thumbnail image

Gavin Smith

Financial Remedies Practice (2023-2024) thumbnail image

Joshua Viney

Financial Remedies Practice (2023-2024) thumbnail image

Henrietta Boyle

Financial Remedies Practice (2023-2024) thumbnail image

Henry Pritchard