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NLJ this week: A financial remedies decision with wide-reaching effect

13 September 2024
Issue: 8085 / Categories: Legal News , Family , Divorce
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A recent case could have significant implications for the wash-spin-repeat cycle of financial remedies litigation, as Nicholas Fairbank, barrister at 4PB, explains in this week’s NLJ

It considers whether a court has the power to strike out an application to set aside financial remedy consent orders.

Fairbank explains that the decision overturns a 2016 Court of Appeal decision and has wide-ranging implications for family law practitioners. It means the court can now weed out unmeritorious applications at an early stage.

He writes that there is now ‘a realistic hope of finality and avoiding a wash-spin-repeat cycle in financial remedies litigation’. 

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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