Have We Been Getting the Law Wrong for 75 Years?
PRIVACY, SECRECY AND THE FINANCIAL REMEDIES COURT The Go-Between by L.P. Hartley starts with one of the most celebrated opening lines in literature: “The past is a foreign country; they do things differently there”. Historically, the same could be said of the Family Division, where a husband or wife could obtain a Mareva injunction, or…
Housing Need: A Plea for Change
The key evidential issue in most financial remedy claims is housing need: not, admittedly, the ‘big money’ cases that grace the law reports; but in the more typical case where more modest assets must somehow be fairly divided so as to meet needs. Anyone who has bought a property will know that the golden rule…
Financial Remedies, Controlling & Coercive Behaviour
Originally published by Thought4Leaders HNW (https://protect-eu.mimecast.com/s/RhNcCKYQyh4XOnSMgsoC?domain=thoughtleaders4.com) It is a truth universally acknowledged that, save for the most egregious cases, the courts do not take misconduct into account in financial remedy claims. The s.25(2) checklist of relevant factors includes “…(g) conduct… if that conduct is such that it would… be inequitable to disregard it”, but for…
The Return of Inflation and Maintenance Orders
Behavioural economists have a joke: “Consider a turkey that is fed every day”. “Every single feeding will firm up the bird’s belief that it is the general rule of life to be fed every day by friendly members of the human race ‘looking out for its best interests,’ as a politician would say”[1]. The point…
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Alexander Chandler KC
I am a King’s Counsel at 1KBW, specialising in financial remedies, TLATA and Schedule 1. I sit as a Recorder in the family court and Crown court, private FDR judge and arbitrator (MCIArb).
Disclaimer: posts do not constitute legal advice, copyright 2021.
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