Family law newsletter out now - March 2021

Following their successful representation of the appellant mother in Re G (Abduction: Consent / Discretion) [2021] EWCA Civ 139, Dorian Day and Sarah
Tierney highlight the importance of the exercise of judicial discretion under Article 13 of the Hague Convention; and the inherent inequality of arms caused by the difference in the availability of legal aid to the parties.

Family barrister Simon Lillington has helped his client businesswoman Sharon Blades win half of the £2.5m mansion that her former partner paid for, but registered in both their names, in  a dispute which attracted widespread media coverage including a feature in the Daily Mail.

Nicola Frost examines "Prenuptial agreements: are they worth it?" in her podcast recorded with Get Legally Speaking.

View Nicola's profile here

Dorian Day and Sarah Tierney acted for the father in the reported case of Re Z (Interim Care Order) [2020] EWCA Civ 1755 on an appeal against an interim care order where HHJ George had authorised the removal of a 15 year old boy with autism from his father’s care. The appeal was successful on the difficult ground of procedural irregularity.

Rachael Goodall analyses Finch v Baker [2021] EWCA Civ 72 in which the Court of Appeal refused a wife’s appeal against the circuit judge’s decision not to permit further evidence from the pension expert following his draft judgment.

This analysis was first published on Lexis®PSL on 29 January 2021.

View Rachael's profile here

Tonia Clark reviews Practice Direction 27A (PD27A), which Family Court judges are increasingly exasperated is being ignored.

Tonia covers the importance of Practice Direction 27A, noting that non-compliance will likely mean that the Courts will consider making costs orders.

 View Tonia's profile here

Rachael Goodall analyses IC v RC [2020] EWHC 2997 (Fam), [2020] All ER (D) 74 (Nov). The court considered the circumstances in which an error or omission after the order has been drawn may be corrected pursuant to the ‘slip rule’ in circumstances where the husband argued that the order had ceased to have effect.

This analysis was first published on Lexis®PSL on 18 November 2020.

View Rachael's profile here

Michael George and Oliver Thorne hosted our February family law brunch, focusing on these very important applications.

View Oliver's profile here

View Michael's profile here

Family finance specialist Michael George and Dains forensic accounting partner  Andrew Donaldson explored how to get the most out of valuation experts in uncertain times.

View Michael's profile here

View Andrew's profile here

Hamish Dunlop and Gemma Chapman will host our next family law brunch via Zoom.

Hamish will present “Court in a Storm: Financial remedy claims in COVID and Brexit times”.

Gemma will talk about "Preserving the evidence: a public law update".

We hope to see you at our April family law brunch.

Please register to book your space. Our speakers and topics will be confirmed in April.

3PB’s family group advises and represents clients on financial provision (divorce, cohabitation and death), child arrangements orders, property disputes, childcare / adoption, judicial review, professional negligence, regulatory matters, incapacity / Court of Protection welfare issues, international children’s issues and human rights.