This month we are joined by Natasha Shotunde (Garden Court Chambers), Olamide Ogunrinade (Garden Court Chambers) and Donna Goodsell (Goodsells Family Law) to celebrate Black History Month.  Natasha and Olamide are members of the Black Barristers Network https://blackbarristersnetwork.org.uk.  Donna is one of the Co-Chairs of Resolution’s Equality & Diversity Committee.    Natasha tells us about the last Race at the Bar...

In this episode, we are joined by Professor Jens Scherpe (Professor of Comparative Law at Aalborg University, and academic door tenant at QEB), and our very own Resolution Cohabitation Committee Chair, Graeme Fraser (Head of Family at William Sturges) to discuss what model of cohabitation law reform should be introduced in England & Wales.     This is a seminal moment for Resolution.  It has been campaigning to achieve family law remedies for cohabitees almost since its inception in 1983,...

This is the final episode in Season 3 and we wanted to finish with a bang! Nicholas Allen KC (29 Bedford Row) and Michael Allum (The International Family Law Group LLP) join us to talk about applications pursuant to Schedule 1 of the Children Act 1989.    Michael and Nick start by considering the line between payments that are properly for the benefit of the child and those which a court is likely to consider to be solely for the benefit of the parent (for example life insurance premiums or...

Our hosts, Anita Mehta and Simon Blain, discuss what to do when a reporter turns up in your Court and the importance of transparency with Joshua Rozenberg KC (Hon) and Lucy Reed KC (St John’s Chambers, Chair of The Transparency Project).    Joshua refers us to the lessons learnt in Tickle v Father & Ors [2023] EWHC 2446 (Fam) (05 October 2023).  https://www.bailii.org/ew/cases/EWHC/Fam/2023/2446.html   Our guests discuss the benefits both of judgments being published and reporters having...

We are joined by Charles Hale KC (4PB) and Tammy Knox (Pennington Manches Cooper) to discuss relocation.   Charles and Tammy consider the law and principles applied in these cases.  They point out that the law is the same for internal and external relocation cases, as set out in Re C (Internal Relocation), Re [2015] EWCA Civ 1305, where Charles and PMC were successful in the Court of Appeal: https://www.bailii.org/ew/cases/EWCA/Civ/2015/1305.html However, they both agree that the welfare...

What is the correct approach to a maintenance case? Listen to Sally Harrison KC (St John’s Buildings) and Farhana Shahzady (Streathers Solicitors) tell us how it is done.    Sally reminds us of the guidance of Mr Justice Peel in WC v HC (Financial Remedies Agreements) (Rev1) [2022] EWFC 22 (22 March 2022)  https://www.bailii.org/ew/cases/EWFC/HCJ/2022/22.html when thinking about the quantum of a maintenance order.  Mr Justice Peel found that needs are an elastic concept, to be judged by...

This month we are joined by Hilary Woodward (Honorary Senior Research Fellow with Bristol School of Law), Paul Cobley (Oak Barn Financial Planning) and Rhys Taylor (36 Group) to discuss PAG2: https://www.nuffieldfoundation.org/wp-content/uploads/2023/A-guide-to-the-treatment-of-pensions-on-divorce-2nd-edition.pdf   Hilary tells us about the changes in PAG2 and mentions the guide to the changes which is available on the...

This month we are treated to this tour de force by Robert Cole who is Head of the Family Team at Broadway House Chambers, Leeds and regularly sits as an arbitrator and ENE/pFDR adjudicator across the country, and Peter Smith from Quantis Forensic Accountants about how to analyse business accounts.    We immediately launch into a discussion about what should cause you concern in business accounts, and the well known issue that businesses always seem to be failing when people are getting...

In this episode we are joined by Professor Emma Hitchings (Bristol University), Professor Emerita Gillian Douglas (Kings College, London), and Joanne Edwards (Chair of Resolution’s Family Law Reform Committee/Forsters) to discuss the Fair Shares report.   This report is the first time there is a fully representative picture of the financial arrangements families make (and in a lot of instances, don’t make) on separation and divorce, and how they arrive at those arrangements.  It is essential...

This month we take an in-depth look at mediation with Jo O’Sullivan (O’Sullivan Family Law), Dr Jon Symonds (University of Bristol) and Rachel Chisholm (The Mediation Space, 4PB). In November 2022, Dr Symonds with his colleagues Emma Dermott, Emma Hitchings, Eleanor Staples, and Heather Ottaway from Bristol University published research with the Nuffield Family Justice Observatory, called Separating families: Experiences of separation and...

This month we talk to Professor Jane Monckton-Smith.  The Professor is a specialist in homicides that are preceded by domestic abuse and coercive control.  This is important for every single professional working in the family justice field because the Professor tells us that separation is the single biggest factor in homicide. Coercive control is domestic abuse – it is not a facet of domestic abuse. It is a pattern of behaviour designed to trap someone in a relationship.  This can be...

In this episode we are joined by Nicholas Bennett (29 Bedford Row), and Connie Atkinson (Kingsley Napley) who are both experts and enjoy pre-nuptial work including drafting, supporting or challenging pre-nups in Court.   Any discussion of pre-nups of course starts with Radmacher v Granatino [2010] UKSC 42, but we swiftly move on to Crossley applications (an application to the Court that the process of disclosure should be truncated because of the existence of the pre-nup) pursuant to Crossley...

We all agree that costs applications, and costs orders, are becoming more prevalent in Children Act as well as financial remedy proceedings.  Public policy certainly seems to favour the use of costs orders as a way of ensuring that litigation is proportionate and reasonable.      In this episode we are assisted by HHJ Reardon (who sits in East London Family Court and the CFC hearing both Children Act and Financial Remedy cases) and Laura Moys (barrister at 1 KBW) talk us through costs orders...

We could not have been more excited to have the opportunity to speak to Mr Justice Mostyn before he retires at the end of the month.     We discuss Movers & Shakers – his highly successful podcast with five other Parkinson’s sufferers:   https://cureparkinsons.org.uk/2023/03/movers-shakers-six-familiar-faces-launch-podcast-about-living-with-parkinsons/    Plus his best case, and thoughts on transparency of course!      The Judge clarifies that Hildebrand documents are admissible if...

In this episode we speak to two keen advocates known for their appellate work; Chris Barnes and Joe Rainer.  Chris speaks about appeals in Children Act work and Joe speaks to financial remedy appeals.   We discuss how to evaluate the type of decision – is it an evaluative or discretionary decision, or is it a finding of fact and how this impact on your likelihood of success.  This is the speech of Mr Justice Mostyn about...

In this episode we chat to Natasha Watson (Acting Head of Law at Brighton & Hove City Council),  Caroline Lynch (Principal Legal Advisor at Family Rights Group) and Hannah Markham KC (36 Family) who were all members of the Public Law Working Group which reported in March 2021: https://www.judiciary.uk/wp-content/uploads/2021/03/March-2021-report-final_clickable.pdf This is a wide-ranging discussion about the issues facing the family justice system.  Natasha and Caroline discuss the...

In this episode we discuss the burgeoning jurisprudence around the impact of economic abuse on financial remedy cases with Olivia Piercy (Partner at Hunters Law) and Michael Horton KC (Coram Chambers).   Olivia and Michael discuss the following cases in the episode:     Traharne v Limb [2022] EWFC 27    DP v EP (Conduct: Economic Abuse; Needs) [2023] EWFC 6    DN V UD (Schedule 1, Children Act 1989; Capital Provision) [2021] 2 FLR 497 

Listen to Natalie Gamble (a solicitor and the director of NGA law) and Andrew Powell (a barrister at 4PB) consider the current law in respect of surrogacy before the law commission releases their final report due in Spring 2023.    This is a wide-ranging discussion about the principles behind surrogacy, surrogates consent, and commercial surrogacy.  This is a really helpful episode if you have a client approach you about obtaining a parental order in respect of their child.  We discuss...

In this episode, hosts Simon Blain and Anita Mehta talk to Michael Edwards, Amy Rowe & Roz Osbourne about Abduction and its consequences.

In this episode, hosts Simon Blain and Anita Mehta talk to Adèle Ballantyne, Marcie Shaoul and Claire Colbert about parenting after parting.

In this episode, hosts Simon Blain and Anita Mehta talk to Katharine Landells, Antonia Mee and Sarah Phipps about private FDRs.

In this episode, hosts Simon Blain and Anita Mehta talk to HHJ Hess and HHJ Roberts.

In this episode, hosts Simon Blain and Anita Mehta talk to Andrzej Bojarski and James Brockhurst about Crypto-Assets.

In this episode, host Simon Blain and Anita Mehta talk to Rebecca Fisher about CGT and the Finance Bill 2022.