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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
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