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13 September 2024 / Nicholas Fairbank
Issue: 8085 / Categories: Features , Family , Divorce
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Stopping the cycle in financial remedies litigation

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Could this be an end to the wash-spin-repeat of financial remedies litigation? Nicholas Fairbank considers the decision in Ma v Roux
  • Ma v Roux focuses on the legal issue of whether or not the court has the power to strike out an application to set aside financial remedy consent orders.
  • The judgment concluded that applications to set aside a consent order shouldn’t be dismissed without a hearing taking place.
  • This has wide-reaching implications for practitioners and means the court can now weed out unmeritorious applications at an early stage.

Picture yourself having emerged from your divorce with a final financial remedies order to hold and to cherish. It was not a pleasant experience, even if you ended up agreeing the order, and whatever the outcome, you can’t help feeling you’ve rather been taken to the cleaners.

Imagine now that some time later, your embittered ex makes an application to set aside that order, under the Family Procedure Rules 2010 (FPR 2010), r 9.9A. No longer need

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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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