Family Law Update 2020

Holiday Inn London Regent's Park
Carburton Street
London W1W 5EE

Date: Monday 18 May 2020

Time: 09:30 - 17:00

CPD Hours:

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£109
+VAT
£130.80 (incl. VAT)
Cost including lunch:
£124+VAT £148.80 (incl. VAT)
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KEY SUBJECTS

  • FINANCIAL REMEDY – CASE LAW UPDATE
  • FINANCIAL REMEDY – PRACTICE AND PROCEDURAL UPDATE
  • PENSION UPDATE
  • UNDERTAKINGS IN FINANCIAL REMEDY PROCEEDINGS
  • PRIVATE CHILDREN LAW – RECENT CASE LAW AND DEVELOPMENT
  • JUDICIAL TIPS ON PRESENTING CLAIMS IN THE FINANCIAL REMEDIES COURT

SPEAKERS

Lucy Loizou, Partner, The International Family Law Group LLP

Marc Saunderson, Partner, Mills & Reeve LLP

Mena Ruparel MCIArb Solicitor, Arbitrator and Trainer

Graham Pegg, Consultant Solicitor, Pickerings Solicitors

David Hodson OBE, Partner, The International Family Law Group LLP, Deputy District Judge at the Central Family Court

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

FINANCIAL REMEDY UPDATE

These two comprehensive talks on financial remedy update will provide a clear analysis of the developments in the law over the last 12 months. The focus will be on case law, procedure and practice which can be applied to the day to day running of cases.

FINANCIAL REMEDY – CASE LAW UPDATE

  • Spousal maintenance update to include joint lives orders, term orders, clean break and quantum
  • Categorization of Assets
  • Interim Applications
  • Unusual issues in financial remedy cases

Lucy Loizou, Partner, The International Family Law Group LLP

FINANCIAL REMEDY – PRACTICE AND PROCEDURAL UPDATE

  • Online Divorce Update
  • Calderbank Consultation
  • No fault divorce
  • Reporting in the Family Courts
  • Missing Decree Absolute Certificates
  • Other Topical Practice and Procedural updates

Marc Saunderson, Partner, Mills & Reeve LLP

PENSION UPDATE

This talk will address the issue of how to deal with pension cases after the publication of the Pension Advisory Group (PAG) report and will highlight important parts of the report, how practitioners should be implementing it and those sections to pay particular attention to.

  • Essential action points
  • Computation of pension assets and methods of division
  • The treatment of pensions in needs based cases
  • The treatment of pensions in sharing cases
  • Dealing with pensions fairly on divorce
  • Pension offsetting

Mena Ruparel MCIArb Solicitor, Arbitrator and Trainer

UNDERTAKINGS IN FINANCIAL REMEDY PROCEEDINGS

Undertakings are commonly used in financial remedy proceedings and have been the subject of much judicial scrutiny in the past few years. This talk will look at the recent cases in which undertakings have been successfully varied as a result of an application by the person giving the undertaking, starting with the Supreme Court decision in Birch v Birch [2017] UKSC 53. This talk will also look at the changes to the way that undertakings are drafted and enforced in the Family Court.

  • Where are we following the decision of Birch?
  • The case of A v A [2018] EWHC 340, will this change the way that undertakings are given?
  • Viable alternatives to giving undertakings – are there any?
  • The standard order precedents approach to undertakings
  • CH v WH [2017] EWHC 2379 – Mostyn J’s last word on the drafting of undertakings using the standard order precedents
  • The enforcement of undertakings

Mena Ruparel MCIArb Solicitor, Arbitrator and Trainer

PRIVATE CHILDREN LAW – RECENT CASE LAW AND DEVELOPMENT

This talk will aim to provide an update on recent developments and the following topics will be discussed:

  • The Draft Review of the Child Arrangements Programme
  • Intractable Contact Disputes – “Short- term Pain versus Long -term Gain” – according to Re R
  • Another view as to a child’s competence to instruct – CS v SBH
  • Grandparents and Aunts
  • Party Status and Representation of Special Guardians: Does anyone listen to the Court of Appeal?

Graham Pegg, Consultant Solicitor, Pickerings Solicitors

JUDICIAL TIPS ON PRESENTING CLAIMS IN THE FINANCIAL REMEDIES COURT

This talk will look at good practice, bad practice, recommended approaches and tips and traps in presenting financial remedy claims. Amongst areas covered will be:

  • When and why to use a balance sheet
  • Making it easier for the judge dealing with final consent orders
  • The benefits of solicitors sitting behind counsel, and when it’s not needed
  • Involving third parties, when they should be joined and why
  • Dealing with foreign assets
  • Add back claims
  • What will the judge realistically read?
  • Well-being in the family courts
  • What does the judge really want to know about costs
  • Bundles, bundles and yet more bundles, as long as they are no more than 350 pages
  • Private FDRs

David Hodson OBE, Partner, The International Family Law Group LLP, Deputy District Judge at the Central Family Court

5.00 pm CLOSE OF PROCEEDINGS    

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Family Law Update 2020

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