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23 March 2012
Issue: 7506 / Categories: Case law , Judicial line , In Court
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No act no change

Has the law been reversed by the Family Procedure Rules 2010...

Has the law been reversed by the Family Procedure Rules 2010 (FPR) (without any primary legislative change) so that where there has been an application for property adjustment the court can make an interim order for sale of the former matrimonial home before the final hearing? If so, must there first be a decree nisi?

No. The FPR cannot create a power to make interim financial orders for which there is no statutory provision. The reference in FPR r 9.7 to “any other form of interim order” is intended to relate to only those which are permitted by statute.

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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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