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Financial Remedies Practice

Mr Justice Mostyn, Lewis Marks QC, Gavin Smith, Joshua Viney, Henrietta Boyle

'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.' Law Gazette

The book is set out in chapters for each Family Procedure Rule that concerns financial remedies. Each chapter includes the full and up-to-date text of the Rule, the relevant Practice Direction, and thorough, easy-to-read Commentary to supplement the Rule.

Unlike any other books on the topic, Financial Remedies Practice provides 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.

Example chapter layout

PART 28: COSTS
COMMENTARY
Background: The Jackson Review of Civil Litigation Costs
Proportionality
Basic rule in financial remedy proceedings
Application of the CPR regime
Costs in the excepted proceedings
CPR Part 36 and Calderbank offers
Litigation misconduct
Costs in mainstream financial remedy proceedings
Issue-based costs awards in mainstream proceedings
Unpaid costs and excessive costs
Financial effect of costs order
Procedure
Provisions common to both regimes
Payment on account
Summary assessment
Stay of an award of costs
Basis of assessment: standard or indemnity
Costs for and against legally aided parties
Pro bono and litigant in person costs
Costs against a non-party
Wasted costs orders
Interest on costs awards judgments
Costs judgment in a currency other than sterling
Costs allowance: the LSPO
RULES
Costs
Application of other rules
Costs in financial remedy proceedings
PRACTICE DIRECTION 28A: COSTS
Application and modification of the CPR
Application and modification of the Practice Directions supplementing CPR Parts 44 to 47
General interpretation of references in CPR
Costs in financial remedy proceedings

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This edition of the book has been revised and rewritten to incorporate major developments in the last 12 months. Comprehensive Commentary on the Financial Remedies Courts marks the President's announcement on 24 February 2021 of the permanent establishment of the FRC within the Family Court structure. Separate Commentary on the completion of Brexit and on the shift of paperless working and remote hearings made necessary by the COVID-19 pandemic has been added this year. Each of these subjects has generated a host of practice issues which have been thoroughly analysed in the text.

Key cases from the last 12 months, including Haley (arbitration), Potanin (1984 Act, Part III) and a number of important decisions on conduct-based costs orders and the setting aside of orders, are also dissected in the fully rewritten Commentary.

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Financial Remedies Practice & Dictionary of Financial Remedies. RRP: £190. Save £40.

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Dictionary of Financial Remedies

HHJ Edward Hess, Peter Duckworth, Sally Max, Janine McGuigan

'I remain convinced that this work is an essential component in every practitioner's library. I repeat that it is a worth companion to At A Glance and Financial Remedies Practice, each of which has a different focus. Like At A Glance it has the intrinsic merit of portability [...] The specialist judges of the FRC are likely to have this volume at their fingertips. Woe betide the practitioner without a copy who is wrongfooted when a key passage from it is cited by the court!' Hon Mr Justice Mostyn

The book is set out in 127 separate alphabetically ordered entries, each a commonly confronted area of financial remedies law. Every entry contains the case law and statutory sources, with an immediate reproduction of citations from the most important and most used judgments.

Contents

Add-Backs
Agreements
Appeals
Arbitration
Bankruptcy
Bonuses
Bundles
Chattels
Child Maintenance
Child Support
Children Act 1989 Schedule 1 Applications
Civil Partnerships
Civil RestraintOrders
Clean Breaks and Term Maintenance
Cohabitation of Recipient of Spousal Maintenance
Committal Applications and Judgment Summonses
Companies
Compensation Principle
Conduct
ConsentOrders
Contingent Assets and Liabilities
Costs
Criminal Confiscation and RestraintOrders
Delay
Disclosure
Disclosure fromThird Parties
Duration ofthe Marriage
Duxbury Capitalisation
Efficient Conduct
Enforcement
ExecutoryOrders
Experts
Farms and Country Estates
FDRs
Financial Remedies Courts(FRCs)
First Appointments
Foreign Assets
Freezing Injunctions
Hadkinson Orders
Housing Need
Imerman and Hildebrand
Impaired Life Expectancy
Inflation
Inheritance Act Applications
Interest
InterimRelief
International Enforcement
Joinder of Third Parties
Jurisdiction
Legal Services Payment Orders
Life Expectancy
Maintenance Pending Suit
Matrimonial andNon-Matrimonial Property
Mesher Orders and Deferred Charges
Needs
Overseas Divorce and the 1984 Act
Pensions on Divorce
Privilege
Publicity and Confidentiality
Release fromUndertakings
Remote Hearings
Sale of Property
Setting Aside Orders(Including Barder Applications)
Setting Aside Transactions
Sharing Principle
Special Contribution
Spousal Maintenance (Quantum)
Standard FamilyOrders
State Pensions
StockpilingOrders
StrikingOut Applications
Tax
TOLATA Claims
Trusts
Valuations
Variation Applications
Variation of Settlements
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Rules
Table of Practice Directions
Table of International Instruments

This year, the authors added Privilege; Release from Undertakings; Executory Orders and Remote Hearings as new entries. Notable case additions include W V H and it impact on Pensions on Divorce.

BUY THE BUNDLE - £150

Financial Remedies Practice & Dictionary of Financial Remedies. RRP: £190. Save £40

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