header-logo header-logo

Of magic circles & ‘financial remedies courts’

23 September 2022 / David Burrows
Issue: 7995 / Categories: Features , Family , Procedure & practice
printer mail-detail
94637
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll