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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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