Family Law Update 2024

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KEY SUBJECTS

• FINANCIAL REMEDY UPDATE TO INCLUDE PRACTICAL GUIDANCE
• EXPERT REPORTS IN FINANCIAL REMEDY PROCEEDINGS: WHAT TO ASK AND WHEN TO ASK IT – PENSIONS, HEALTH, VALUATIONS INCLUDING SHARES
• PRIVATE LAW CHILDREN: COMPREHENSIVE UPDATE OF RELEVANT NEW CASE LAW AND CHANGES IN PRACTICE
• NON-COURT DISPUTE RESOLUTION – 6 MONTHS ON

SPEAKERS

Lucy Loizou, Managing Partner, The International Family Law Group LLP

Michael Allum, Partner, The International Family Law Group LLP

Katharine Bundell, Barrister, 4PB Chambers

Elissa Da Costa-Waldman, Barrister, New Court Chambers

PROGRAMME

CHAIRMAN’S INTRODUCTION

FINANCIAL REMEDY UPDATE TO INCLUDE PRACTICAL GUIDANCE

The financial remedy update will be divided into two parts and will provide practitioners with useful guidance and various case law updates in relation to the following key areas:

• Division of capital on divorce
• Categorisation of Assets
• Maintenance Cases (spousal and child maintenance)
• Disclosure
• Non-court dispute resolution (NCDR) update
• Financial provision in England after an overseas divorce – the Supreme Court decision of Potanin.
• Practical miscellaneous judgments

Lucy Loizou, Managing Partner, The International Family Law Group LLP

Michael Allum, Partner, The International Family Law Group LLP

EXPERT REPORTS IN FINANCIAL REMEDY PROCEEDINGS: WHAT TO ASK AND WHEN TO ASK IT – PENSIONS, HEALTH, VALUATIONS INCLUDING SHARES

We can use expert reports to many different ends in financial remedy work.

This talk aims to look at the different experts that can assist the cases being prosecuted by our clients, the case law around admission of experts, the applicable rules and practical tips on the instruction and challenge of an SJE.

This talk is for the specialised family law practitioner who has a regular caseload of private law matters, probably in the Family Court rather than in the High Court.

It will provide:

• Consideration of the various types of expert we might use in financial remedy cases and why
• The case law and rules around instruction
• Some case law on experts and share values
• Practice tips on instruction especially with regards to pensions
• Challenging reports: practice tips and the rules

Katharine Bundell, Barrister, 4PB Chambers

PRIVATE LAW CHILDREN: COMPREHENSIVE UPDATE OF RELEVANT NEW CASE LAW AND CHANGES IN PRACTICE

We all need to update our professional toolbox from time to time. This talk aims to look at the new cases that have been reported in the last 18 months and considers the factual landscape behind them and the relevant detail of the judgments. We will look at how these are impacting upon our practice both in Court and out of Court

We will also consider the changes in the Family Proceedings Rules 2010 and how that is being applied in practice.

Finally we will consider some of the more helpful out of court supports and solutions for clients and children and how they might be used within proceedings.

It will provide:

• Learning on the newer reported cases and consider how we can use these judgments to assist clients and progress their cases to a satisfactory solution
• Consider changes in the Family Proceedings Rules 2010, how they are being applied by the judiciary and by the practitioner both in court and out of court
• A look at some out of court solutions and supports for clients and children

Katharine Bundell, Barrister, 4PB Chambers

NON-COURT DISPUTE RESOLUTION – 6 MONTHS ON

The changes to the FPR effective from 29^th April 2024 have forced everyone involved in the family justice system to reconsider Non Court Dispute Resolution as a serious option for litigants with costs consequences for failure to engage in such without good reason. Court is now the course of last resort so what options are available to resolve our cases?

• What are the changes to the FPR?
• What powers will the courts have to adjourn proceedings for NCDR?
• What are the consequences of failure to engage in NCDR?
• New case law since the changes
• How will this affect our practices?
• Pros and Cons of the various methods of NCDR including consideration of:
  • Negotiation
  • Round Table Meetings
  • Mediation
  • Collaborative Law
  • Early Neutral Evaluation
  • Private FDRs
  • Arbitration

Elissa Da Costa-Waldman, Barrister, New Court Chambers

CLOSE OF PROCEEDINGS