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LiPs: a perfect storm in the divorce courts?

09 March 2017 / Tim Jones , Shlomit Glaser
Issue: 7737 / Categories: Features , Divorce , Family
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Iqbal v Iqbal provides a salutary example of the consequences that can occur in the absence of legal representation, as Shlomit Glaser & Tim Jones report

  • Condemning a divorce settlement for lack of process.
  • The Family Procedure Rules and well-known basic legal principles of evidence and natural justice had not been followed.

The decision of the Court of Appeal in Iqbal v Iqbal [2017] EWCA Civ 19 has attracted some media attention for its setting aside of a substantial divorce settlement, valued in the region of £3.5m. The Court of Appeal’s excoriating criticism of the way the case had been dealt with in the lower courts has invited colourful accounts. It is self-evident something has gone wrong when financial remedy proceedings initiated in July 2010 are reset to that starting position in January 2017. It almost invites the conclusion that the lower courts are responsible for the settlement being “thrown out” and that “improvements” need to be put in place.

There are two strands to the case. One relates

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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