Chambers Blog

The Family Proceeding Rules have been amended to allow access to family proceedings by the media and any other person allowed by the court. So you may now find journalists attending your care or residence or ancillary relief case! It is not clear what other persons may be allowed. There is an exception for "judicially assisted conciliation." Restrictions on publication continue to apply.

 Written by Rebecca Fitton-Brown, barrister at New Walk Chambers, specialising in family law.

Bradley v. Bradley [2008] EWCA Civ 629

W, who had been ordered to pay H a lump sum, would be entitled to ask for costs already awarded against him to be set off and deducted from the lump sum, but her obligation to pay the rest of the lump sum could not be stayed pending further litigation and possible future costs orders. Security for costs could be ordered in Matrimonial Causes Act applications.

 Written by Rebecca Fitton-Brown, Barrister at New Walk Chambers, specialising in Family Law.

One complicated issue that can arise in ancillary relief proceedings upon divorce is where the marriage's only major asset is a business run by one of the parties. A business is a good example of an asset that often cannot be divided in two by the court, but this can result in injustice where there are no other assets to distribute. In the recent case of H v H [2008] EWHC 935 (Fam) the High Court considered this conundrum, and emphasised that it is useful in this case to look at periodical payments, tied if appropriate to the wealth generated by the business. This can provide a party with a de facto income stream from the business with less interruption to the business than a division of its assets.

Written by Rebecca Fitton-Brown, Barrister at New Walk Chambers, specialising in Family Law.