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STOP PRESS: The Financial Remedies Guide 2026 Published on 13 March 2026 by Mr Justice Peel and His Honour Judge Hess, and approved by the President of the Family Division, the Guide replaces and supersedes: efficiency statement for High Court judge cases (1 February 2016) efficiency statement below High Court judge level (11 January 2022) Financial Remedies Court Primary Principles (11 January 2022) Notice: electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated accordingly. The flowchart maps the steps when the accelerated first appointment procedure is available in the Financial Remedies Court within the Family Court. For practical guidance—including overviews, Practice Notes, precedents, guides, legislation, forms and further reading—see Financial provision—practice and procedure—overview or the related documents on the right-hand side of the flowchart; for all Lexis+ UK family flowcharts see Index of family flowcharts; for the accelerated route, see Accelerated first appointment...
STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, replaces and supersedes the following: Statement on the efficient handling of financial remedy cases assigned to a High Court judge, whether sitting at the Royal Courts of Justice or in any other venue (1 February 2016) (the High Court judge level efficiency statement) Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) Financial Remedies Court Primary Principles document (11 January 2022) Notice from the Financial Remedies Court on electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...
STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, now replaces and supersedes: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether heard at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...
In this issue: Key DR developments Claims and remedies Cross-border disputes Dates for your diary Useful information Daily and weekly news alerts Key DR developments Practice Direction update 168th PD update: Approval has been given by the Master of the Rolls and the Parliamentary Under-Secretary of State for Justice to the 168th update to the Practice Directions under the Civil Procedure Rules (CPR). This update alters CPR PD 51ZC, prolonging the small claims paper determination pilot until 1 December 2024; that change took effect on 31 May 2024. It also revises CPR PD 74A to provide for the registration of foreign judgments for recognition and enforcement pursuant to the Hague Judgments Convention. The amendments to CPR PD 74A will commence when the Hague Judgments Convention comes into force in the UK—see LNB News 06/06/2024 6—168th Practice Direction update. Guidance and reports Birmingham Business and Property Courts’ local guidance updated: The Courts and Tribunals Judiciary (CTJ)...
Potanina v Potanin [2024] UKSC 3, [2024] All ER (D) 126 (Jan) What are the practical implications of this case? Under Part III of the MFPA 1984, courts in England and Wales possess the power to order financial remedies after an overseas divorce. By virtue of section 13 of that Act, permission must first be secured before an application for financial relief may properly be issued. The appeal scrutinised how the statutory leave, or permission, filter in the legislation ought to be read alongside the existing case law, and it examined fundamental principles of procedural fairness. A majority of the Supreme Court determined that the entrenched practice for addressing applications for leave had contravened the essential requirement of procedural fairness. The focus was procedural fairness at leave stage. Does it follow, therefore, that the outcome will be a reduction in parties seeking to ‘forum shop’ in the often more favourable English family courts?...
In this issue: Wills Probate Trusts UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Contentious trusts and estates Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Wills No line of sight—due execution and presence In the Estate of Kathleen Coady, District Judge Chloë Phillips delivered judgment in Coady v Coady PT-2023-BHM-000025 (Business & Property Courts in Birmingham (Probate)), addressing as a preliminary question whether a coronavirus (COVID-19) era ‘garden signing’ met section 9 of the Wills Act 1837. The court concluded it did not, rendering the 25 April 2020 Will invalid. Written by Charlotte John of Gatehouse Chambers. See News Analysis: No line of sight—due execution and presence In the Estate of Kathleen Coady. Probate...
This Practice Note clearly explains the courts’ function within the context of family arbitration. In matters concerning families, any arbitration normally proceeds under the Institute of Family Law Arbitrators (IFLA) scheme. The courts continue to have overall jurisdiction over any family arbitration award or determination and will endorse the award or determination provided it falls within recognised limits, thereby fully respecting the parties’ autonomy. For further practical guidance on, among other things, the conduct of arbitration in family cases, the principal advantages of arbitration, the scope of the IFLA scheme and the arbitrator’s powers, please see Practice Note: Family arbitration—introduction. Acting on Law Commission proposals to reform the Arbitration Act 1996 (AA 1996) and to bring in measures to bolster arbitrator immunity, enhance overall case efficiency and clarify the court’s powers, a draft Bill reflecting those recommendations was formally laid before Parliament and subsequently obtained Royal Assent on 25 February 2025. Accordingly, the Arbitration Act 2025 (AA 2025) modifies AA 1996 from 1 August 2025 by virtue of the Arbitration...
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
Service after the issue of a financial application This Practice Note sets out how service should be handled once a financial application engaging the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, has been issued, covering applications for financial orders and financial remedy claims. It reviews the service provisions within FPR 2010, highlights best practice for effecting service, and explains the service of proceedings—whether undertaken by the court or by the applicant—on the respondent and on third parties. It addresses the service requirements for interim financial applications, proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
In the Family Court sitting at [ Court name ] Case no: [ Case number ] Proceedings under: The Matrimonial Causes Act 1973 The Civil Partnership Act 2004 The Child Support Act 1991 Schedule 1 to the Children Act 1989 The Inheritance (Provision for Family and Dependants) Act 1975 The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 The Trusts of Land and Appointment of Trustees Act 1996 The Married Women’s Property Act 1882 and ss 67, 68 and 74 of the Civil Partnership Act 2004 OR [ (DELETE AS APPROPRIATE) ] The [ Marriage OR Civil Partnership OR Relationship OR Family ] of [ applicant name ] and [ respondent name ] Heard [ name the advocate(s) who appeared ]; considered documents filed by the parties [ [ (IN THE CASE OF AN ORDER MADE WITHOUT NOTICE) ] read the statements and heard the witnesses...
STOP PRESS: The Financial Remedies Guide 2026 Published on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, the Guide supersedes and replaces: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles (11 January 2022) the Notice from the Financial Remedies Court concerning electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...
STOP PRESS: The Financial Remedies Guide 2026 Released on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), with the approval of the President of the Family Division, the Guide replaces and supersedes the following: Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) — the High Court judge level efficiency statement Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) — the below High Court judge level efficiency statement Financial Remedies Court Primary Principles document (11 January 2022) Notice from the Financial Remedies Court: electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is...
In financial remedy proceedings, it is usual for one party to earn on a self-employed footing as a sole trader in practice. Instead of using a separate legal personality, for example a company acting as the primary earning vehicle and paying salary and dividends, they trade in a chosen style or their own name and settle personal income tax on profits. Business costs are set off in the ordinary manner, and accounts are normally drawn up for this very purpose. Some sole traders simply run income and outgoings through a personal bank account, while others prefer to operate from a separate, dedicated business account...