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23 September 2022 / David Burrows
Issue: 7995 / Categories: Features , Family , Procedure & practice
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Of magic circles & ‘financial remedies courts’

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David Burrows reflects on the state of family law & considers the chances of alignment of the Family Procedure Rules 2010 with the Civil Procedure Rules 1998
  • Questions our understanding of the ‘magic circle’ of family lawyers.
  • Discusses the single family court and the use of the term ‘financial remedies’.
  • Asks whether the FPR could ever be aligned with the CPR.

This article addresses three questions about the modern state of family law:

(1) What or who is the ‘magic circle’ of family lawyers?

(2) What is the meaning of a ‘financial remedies court’?

(3) In 2022 (and a much more important debate than the other two), what are the realistic chances of alignment of the Family Procedure Rules with the Civil Procedure Rules 1998?

A first thing to assert is that the term ‘financial remedy’ does not exist in statute. It was made up by rule-makers in and approaching April 2011 when the new Family Procedure Rules 2010 (FPR 2010) came into operation. The terms approved in statute—rules

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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