DB v DLJ [2016] EWHC 324 (Fam) – Law Journals

Financial provision: Exploring the options

Ellie Foster considers a decision of Mostyn J on set aside and transparency in financial remedy proceedings In assessing unforeseeability in the context of a change of asset value, the court should focus on the economic impact of the event rather than its cause or nature. The onset of the Covid-19 pandemic in early 2020 …

Continue reading "Financial provision: Exploring the options"

This post is only available to members.

Barder: Exceptional and rare

Cate Maguire looks at how the Barder principle has been applied in cases involving ‘known unknowns’ Neither of the decisions in S v T and HW v WW represent a restriction or characterisation of the Barder principle, but rather affirmation of its exceptionality, even in these most unusual times. The family courts have recently had …

Continue reading "Barder: Exceptional and rare"

This post is only available to members.

Arbitration: A wider appeal

Alex Verdan QC and Frankie Shama ask whether the Court of Appeal decision in Haley makes family arbitration, including in children cases, a better option The result in Haley is likely to encourage more couples to refer their disputes to arbitration, and potentially lead to more challenges of arbitral awards by dissatisfied parties. While the …

Continue reading "Arbitration: A wider appeal"

This post is only available to members.

Financial provision: A long shot

Ellie Foster looks at the potential ramifications of the Covid-19 pandemic and the likelihood of a successful application based on Barder There have been pandemics historically but does the immediate and ongoing impact on the global economy of Covid-19 put the 2008 crisis in the shade such that its scale could never have been foreseen? …

Continue reading "Financial provision: A long shot"

This post is only available to members.

Arbitration: Achieving finality

Beth Mason considers the court’s approach to a challenge to an arbitral award, and the limited circumstances in which such an award will be set aside ‘An arbitral award is effective and binding as between the parties without further court order and an order of the court is not a precondition to the binding effect …

Continue reading "Arbitration: Achieving finality"

This post is only available to members.

Arbitration: Seeking finality

Suzanne Kingston and Natalie O’Shea highlight the new children arbitration scheme and analyse the impact of the post-arbitration decision in DB v DLJ ‘Under the children arbitration scheme, disputes concerning the exercise of parental responsibility and other private law issues connected to the welfare of children may be resolved.’ The children arbitration scheme, approved by …

Continue reading "Arbitration: Seeking finality"

This post is only available to members.