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Top 10 articles of 2021

10th December 2021

Each week, we bring you an exclusive article in our Class Weekly newsletter. We have rounded up our most popular articles from the last year for any that you may have missed.

Reporting Financial Remedies Cases: An Important Initiative

Sir James Munby

In a paper which I prepared for the recent At A Glance Conference on 13 October 2021 I suggested, in the course of a wide-ranging discussion of accountability and accessibility as core components of transparency...

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More Transparency in the Financial Remedies Court

Sir James Munby

Hard on the heels of the CONSULTATION ON A PROPOSAL FOR A STANDARD REPORTING PERMISSION ORDER IN FINANCIAL REMEDY PROCEEDINGS published by Mostyn J and HHJ Hess, the FRC Lead Judges, and animated by the same acknowledgement of the need for more transparency in FRC, come two important judgments by Mostyn J on the same subject: BT v CU [2021] EWFC 87, paras 100-114, and, in quick succession, A v M [2021] EWFC 89, paras 101-106.

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“[D]isproportionately complex, lengthy and expensive”: ES v LS [2021] EHWC 2758 (Fam)

Henry Pritchard, Barrister at 1 Hare Court

In this case the court was concerned with an application under the Hague 1980 Convention in respect of two children (aged 14 ½ and 12).

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Don’t tick the box: T v T (variation of a pension sharing order and underfunded schemes) [2021] EWFC B67

Henry Pritchard, Barrister at 1 Hare Court

In this case HHJ Hess (‘the judge’) considered an application for the variation of a pension sharing order.

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The Irrelevance of Wisdom: NB v MI [2021] EWHC 224 (Fam)

Lydia Newman-Saville, Barrister, 1 Hare Court

Mostyn J dealt with an application for a declaration of non-recognition of a Muslim marriage and a petition for nullity on the basis that the applicant did not have the capacity to marry.

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Putting “all his eggs” in one Barder: HW v WW [2021] EWFC B20

Lydia Newman-Saville, Barrister at 1 Hare Court

The court dismissed H’s application to set aside a consent order reached at an FDR on the basis that the Covid-19 pandemic was a Barder event.

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Millions in maintenance: FRB v DCA (No. 3) [2020] EWHC 3696 (Fam) and (No. 4) [2021] EWHC 116 (Fam)

Henrietta Boyle, Barrister at 1 Hare Court

Cohen J heard applications made by both husband and wife following the handing down of judgment after a final hearing between the parties in March 2020. He gave two separate judgments.

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How to calculate interim maintenance during lockdown: R v R [2021] EWHC 195 (Fam)

Henrietta Boyle, Barrister at 1 Hare Court

Nicholas Cusworth QC, sitting as a Deputy High Court Judge, considered claims for interim maintenance and for a Legal Services Provision Order.

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Calculating ‘reasonable’ and ‘immediate’ needs in MPS applications: Rattan v Kuwad [2021] EWCA Civ 1

Henrietta Boyle, Barrister at 1 Hare Court

The Court of Appeal considered how a court should assess reasonable and immediate needs when faced with an application for maintenance pending suit.

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Costs and conspiracy claims: Crowther v Crowther [2020] EWHC 3555 (Fam)

Henrietta Boyle, Barrister at 1 Hare Court

Lieven J was concerned with an application for indemnity costs, where allegations of conspiracy and fraud had been made but were then withdrawn at the eleventh hour.

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