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TitreDateDurée
Barder events25 Sep 202400:30:16
In an all-host affair, Tara Lyons hosts Mark Ablett to discuss his new book about Barder events in financial remedy proceedings. Mark discusses his view on the definitive test for a Barder application, having considered 35 years of case law in writing his book. The pod in particular discusses foreseeability and the seemingly variable standard applied in the case law, depending on what the Barder event is. A worthwhile listen for any financial remedies practitioner and for anyone who wishes to know more, Mark's book is available on Amazon now.

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Standish28 Aug 202400:27:47
Maria Henty of Pump Court joins host Mark Ablett to talk all things Standish following the Court of Appeal's decision early this year. The podcast discusses the concept of matrimonialisation as well as a reality check in terms of how often these arguments will generally be relevant in the run of the mill cases. Maria and Mark give insight as to how they have seen the decision in Standish play out in their own practices, as well as commenting on HHJ Hess' decision of RM v WP, which endorsed Standish in particular in relation to the family home.

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Goddard-Watts v Goddard-Watts15 Jun 202300:34:31
Tara speaks to star guests Ros Bever from Irwin Mitchell and Jenna Lucas of Pump Court about set aside applications and the recent Court of Appeal decision of Goddard-Watts v Goddard-Watts [2023] EWCA Civ 115 in which Ros acted.

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CMX v EJX from the professionals involved31 May 202300:37:19
In the first episode of the latest series of the Family Law Podcast, Tara is joined by pensions expert, George Mathieson and our very own Edward Boydell to discuss the pension issues, particularly equality of income versus equality of capital, stemming from the well known case in which they both appeared: CMX v EJX [2022] EWFC 136.

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Transparency and Anonymity in Financial Remedy Proceedings24 Nov 202200:25:50
Simon Purkis of Pump Court Chambers joins host Mark Ablett to talk through the recent move away from anonymity in financial remedy proceedings, at least before certain judges as well as the forthcoming report of the Transparency Implementation Group. Simon covers the law in broad detail as well as giving his views on where the burden should lie in terms of anonymity. This is an evolving area and there will be a follow up podcast dealing with the report of the Transparency Implementation Group once received.

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HHJ Hess on the Financial Remedies Court & PAG218 Nov 202200:45:58
In a really exciting episode, HHJ Hess joins co-hosts Helen Brander and Tara Lyons to talk all things financial remedies court and the upcoming PAG2. It was a real privilege to have His Honour join the podcast to provide his unique insight from the vanguard of financial remedies reform, including the origins of the FRC, and of course into pensions having given the well-known judgment in the case of W v H [2020] EWFC B10. A must listen for any financial remedies practitioners.

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NFTs in family law03 Nov 202200:25:33
A recent talk to the IBA conference in Miami mandated that all lawyers must be familiar with cryptocurrency, and that surely must include NFTs or non-fungible tokens. Sound like gibberish? Well look no further, because Samara Brackley of Pump Court will tell you all about them and how the court is likely to treat NFTs on divorce. A cutting edge episode that we should all be listening to.

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Cazalet v Abu-Zalaf27 Oct 202200:26:16
Host Mark Ablett is joined by Sara Hannell, managing partner of Alexiou Fisher Phillips solicitors, to talk about her very recent case of Olga Cazalet v Walid Abu-Zalaf [2022] EWFC 119. This is a fascinating case where the applicant wife sought to rescind a 9 year old Decree Nisi on the basis of alleged reconciliation, in order to ultimately benefit from better terms under a pre-nuptial agreement. The judgment involves a trawl through 160 years of law before forming a definitive test to apply. Sara offers her unique insight, from the heart of the case, as to the reasoning behind the judgment and the issues which arose. In the judgment, Mostyn J also comments about the perils of placing emphasis on witness demeanour and Sara gives her views as to the comments generally and where they lie in the context of this case. A most interesting listen!

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Menopause in the law21 Oct 202200:18:09
Following hot on the heels of World Menopause Day, Tara Lyons is joined by Imogen Robins of Pump Court and Jennifer Williamson, partner at Blake Morgan, to discuss the menopause generally and how it affects women working in the law. The podcast goes on to discuss the impact of menopause in family proceedings. This is an important topic that we all need to understand better and about which we should be speaking more openly. In furtherance of this, Imogen will be starting morning cafés with Jennifer to encourage open conversation and interested listeners should watch out for announcements on social media.

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Coercive and controlling behaviour (together and separately!)07 Oct 202200:26:13
Catherine Ellis joins host Mark Ablett to discuss coercive behaviour, controlling behaviour and coercive controlling behaviour in the context of private children proceedings. Catherine talks Mark through how we define and identify such behaviour, noting the frequent difficulties for victims in doing so. In circumstances where the guidance is far from definitive, Catherine gives her expert view on how to plead and build a case involving controlling and coercive behaviour, whilst also explaining why we need to take it quite so seriously. An important listen for any practitioners encountering such allegations.

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In/Fertility in the City01 Oct 202200:39:25
Jennifer Lee of Pump Court hosts Natalie Sutherland of Burgess Mee and Somaya Ouazzani of Mimoza Fleur to discuss Natalie and Somaya's brilliant initiative 'In/Fertility in the City'. This is a must listen for any interested in fertility and surrogacy law and frankly any lawyer. The podcast shines a spotlight on a subject that all too often is avoided or downplayed. The podcast are really grateful to Natalie and Somaya for this fascinating start to series 6.

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Short marriages in financial remedies11 Aug 202200:19:51
Sadie Glover of BP Collins solicitors joins host Mark Ablett to discuss her new book, A Practical Guide to Short Marriages for Family Lawyers. Sadie and Mark discuss in outline the issues financial remedies practitioners face when dealing short marriages and how the court's approach may differ to a longer marriage. Sadie also gives an insight into the relevance of childlessness and non-conventional pre-marital agreements (e.g. Declarations of Trust) with a healthy dose of case law along the way. Not to be missed.

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NCDR and the new FPR rules05 Jul 202400:29:27

Host Mark Ablett is joined by Annie Ward and Rebekah Batt of Pump Court to consider the latest rule changes to encourage NCDR in the Family Court. Annie and Rebekah bring different perspectives, Annie being an arbitrator, Rebekah being at the coalface with cases that ought to explore NCDR but frequently do not due to (misplaced?) costs concerns. The podcast considers how the new rules have applied so far, what further changes might be made and the different forms of NCDR available. Recent cases, e.g. NA v LA [2024] EWFC 113, have made clear that issues such as non-disclosure will not make a case in and of itself unsuitable for NCDR and practitioners need to be aware of Form FM5 and the court's ability to adjourn proceedings for NCDR.


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Occupation orders and possession proceedings27 May 202200:24:17
Oliver Foy of Pump Court joins host Mark Ablett to discuss the interrelation between occupation orders and possession proceedings. This is a particularly important area to consider when advising unmarried cohabitants who occupy a property in the sole name of one party, without a declaration of trust in place. Oliver talks Mark through licences and possession claims, both in terms of the law and procedure. This is a must listen for any family practitioners who might encounter an ancillary possession claim as part of a dispute between cohabitants.

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Non-accidental head injuries20 May 202200:31:13
Fresh from his talk on the same subject for the Resolution National conference 2022, Leslie Samuels QC talks to host Mark Ablett about non-accidental head injuries in care proceedings. The podcast focuses on the practical skills needed for such cases, in particular how to challenge a medical expert when as a lawyer, one is not medically trained oneself. Leslie gives an invaluable insight into a silk's working practices and the breadth of knowledge required to deal with such complex cases, where lawyers must be at the very least familiar with advanced medical issues and scientific debate. An important listen for any care practitioners.

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No Fault Divorce13 Apr 202200:33:30
Bemused by the new legislation on no fault divorce? Baffled by what a conditional order means? Look no further - Samara Brackley and Tara Lyons go through the new law so you don't have to. An essential potted guide for all family practitioners looking to get to grips with one of the most significant law changes in recent years.

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Cross-examining vulnerable witnesses in domestic abuse cases01 Apr 202200:27:53
Tara Lyons is joined by Nigel Pascoe QC of Pump Court Chambers for this timely podcast on cross-examining vulnerable witnesses. Nigel is the author of an advocacy guide and has been a silk in the criminal courts for 34 years! In the wake of an increase in appreciation of special measures for witnesses following the Domestic Abuse Act 2021 and FPR Part 3A, Nigel gives invaluable guidance for practitioners, drawing from his unparalleled experience as a jury advocate. A must listen.

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Arbitrating Financial Remedies09 Mar 202200:42:30
The Pump Court Family Law Podcast is back for its fifth season and the team have well and truly hit the ground running. In this first episode, Tara Lyons his joined by barrister Imogen Robins and solicitor Beth Woodward, Head of Family at Neves solicitors. The trio discuss the benefits of arbitration in financial remedy applications, when it would be appropriate and how one goes about getting an arbitration up and running, before moving on to consider the status of arbitration awards in the Family court post-Haley v Haley and A v A. This is a huge growth area in family law and for anyone who remains a little unclear or uneasy about arbitration, this is the podcast for you.

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Arbitrating Financial Remedies09 Mar 202200:42:30
The Pump Court Family Law Podcast is back for its fifth season and the team have well and truly hit the ground running. In this first episode, Tara Lyons his joined by barrister Imogen Robins and solicitor Beth Woodward, Head of Family at Neves solicitors. The trio discuss the benefits of arbitration in financial remedy applications, when it would be appropriate and how one goes about getting an arbitration up and running, before moving on to consider the status of arbitration awards in the Family court post-Haley v Haley and A v A. This is a huge growth area in family law and for anyone who remains a little unclear or uneasy about arbitration, this is the podcast for you.

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The Financial Remedies Court Efficiency Statement11 Feb 202200:39:54
Join host Tara Lyons and guest Helen Brander for this bumper special episode taking the listener through the new efficiency statement regulating how we all must now work in the financial remedies court, from ES1 and ES2 through to the court's potential power to disallow an advocate's fees at final hearing. This is an absolute must listen for all financial remedy practitioners. Series 5 of the podcast will be coming soon but we were very keen to get this one out as early as possible!

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Baroness Deech's Bill on financial provision on divorce30 Nov 202100:38:08
It has been described as dangerous and concerning and has been rumbling around since 2014. Oliver Peirson of Pump Court tackles Baroness Deech’s controversial Private Members’ Bill to radically reform financial remedies law which has recently been revived in Parliament. The Bill deals with matters such as the enforceability of pre-nuptial agreements, matrimonial property, replacing s.25(2) Matrimonial Causes Act 1973 and capping the term for spousal maintenance orders. An interesting discussion of proposed reform which does not seem to be going away and a great way to end the fourth (not third, sorry Tara!) series of the podcast.

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Well-being in Family law22 Nov 202100:33:30
In May 2021, Resolution published their report “Wellbeing in Family Law” which painted a grim picture of morale amongst family law practitioners, including a worrying statistic of 1 in 4 respondents considering leaving the profession. With lockdown and remote working, wellbeing and mental health has never been more important in the legal profession generally. For family lawyers, dealing with emotional and sometimes troubling cases day in day out, it has to always be borne in mind. Tara Lyons of Pump Court talks to solicitors Nina Lake and Jessica Smith of Howard Kennedy about this delicate topic, including some troubling responses in the Resolution report and what mechanisms are available to combat the issues raised.

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A social mobility advocate's route to the Bar12 Nov 202100:27:34
Jesse Cook of Pump Court, a Bar Council Social Mobility Advocate and a rising star in chambers, talks to Tara Lyons about his route to the Bar and the challenges he faced in doing so. This is an important listen at a time where diversity at the Bar has never been more important yet hitherto overcome obstacles seem to be reappearing.

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Cohabitation Law Reform18 Jan 202400:40:07
Host Mark Ablett is joined by Graeme Fraser (BBS Law) and Victoria Clarke (Elite Law) to discuss Resolutions Vision for Family Justice, in particular those elements affecting cohabiting couples. Both Graeme and Victoria sit on the Resolution Cohabitation Committee and it will quickly become apparent to listeners what they think of the current state of the law. The pod discusses the need for wholesale change as well as the current deficiencies and frank unfairness in an increasingly out of date Schedule 1 as well as whether child maintenance should be returned to the Family Court's jurisdiction. This is undoubtedly an area of law crying out for change and the podcast was privileged to host two of those at the forefront of this change.

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What if Britney Spears was in this jurisdiction? A Court of Protection special.29 Oct 202100:23:33
The Britney Spears litigation over conservatorship in the US courts has been much publicised and discussed in recent months. Julian Reed takes a look at things might be approached if a young super-rich pop star was in a similar scenario in this jurisdiction. He talks host Mark Ablett through the English law equivalents of conservatorship, namely deputyship and power of attorney. Julian goes on to consider what might happen if someone subject to deputyship sought to either replace the deputy or revoke deputyship altogether. An unmissable introduction to a very topical subject!

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Re T [2021] UKSC 35: we read it so you don't have to20 Oct 202100:41:20
Catherine Ellis and Jennifer Swan talk host Mark Ablett through the Supreme Court's decision in Re T [2021] UKSC 35 involving the use of DOLS. The pair go through the very latest case law as well as providing an exhaustive analysis of the Supreme Court's judgment, somehow compressing 67 pages into one podcast. Jennifer and Catherine provide pointers for professional listeners on what to look out for in making DOLS applications and they reflect on what the legacy of Re T might be. A must listen for anyone involved or interested in the field.

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Legal services funding across the board16 Sep 202100:26:07
Jennifer Lee joins host Mark Ablett to talk about legal services funding in all manner of family litigation, from financial remedies, including Schedule 1 proceedings, to s.8 Children Act proceedings. Jennifer looks at the source of the court's power for each set of proceedings and they discuss the latest case law on the issue. Don't miss Jennifer's top tips and warnings as well - a must listen!

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The legacy (or otherwise) of Re T & R [2021] EWCA Civ 7122 Aug 202100:32:10
Pump Court's Corinne Iten gives host Mark Ablett the benefit of her expert opinion on the legacy of the Court of Appeal's decision in Re T and R (Refusal of Placement Order) [2021] EWCA Civ 71. Corinne discusses the importance of cultural identity and how this case emphasises the significance of that identity to a child's needs, particularly in the context of last resort placement. Corinne also warns against placing too much weight on this one decision; as ever children cases in particular are highly fact specific. An important listen for public children practitioners.

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A nutshell guide to Part 25 applications10 Aug 202100:35:13
The Family Law Podcast returns for its fourth series, leading with a practical focused episode on the dos and don'ts when making an application for expert evidence under Part 25 of the FPR in both children and financial remedy cases. Maria Henty expertly (appropriately) guides host Mark Ablett through the essential ingredients for a successful application and outlines common pitfalls and the risks faced by a poorly constructed application.

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Business valuations in financial remedy proceedings18 May 202100:43:42
For our final episode of the season, Tara Lyons is joined by forensic accountant Nick White of Nick White Divorce accountants (https://www.nickwhitedivorceaccountants.co.uk/) for a fascinating talk on business valuations in financial remedies proceedings.

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Fabricated or Induced Illness in children proceedings13 May 202100:22:10
Mark Ablett hosts Catherine Ellis of Pump Court who takes him on a whistle stop tour of FII (Fabricated or Induced Illness) in children proceedings. Catherine in particular explains the impact of the latest guidance (published March 2021) from the Royal College of Paediatrics and Child Health and the helpful definitions contained in that guidance. Listeners can expect invaluable tips and pointers both for private and public children proceedings.

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When Court of Protection meets financial remedies05 May 202100:17:38
Jennifer Lee of Pump Court joins host Tara Lyons to provide an outline of some of the headline issues that may arise where Court of Protection considerations come into the realm of financial remedies. Jennifer talks capacity in all its various forms and outlines some of the key case law to which a practitioner would need to have regard. In particular, on capacity to marry, Jennifer talks through the decision of Mostyn J in Mundell v Name 1 [2019] EWCOP 50 and its implications.

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What now after Re H-N & others13 Apr 202100:43:48
Hot off the press from the Court of Appeal, Re H-N and others (children) [2021] EWCA Civ 448 has the potential to redefine (or start to redefine) the way in which the Family Court approaches domestic abuse, particularly more nuanced allegations like coercive and controlling behaviour. Reacting to this with host Mark Ablett are Penny Howe QC and Jennifer Swan of Pump Court, along with Shonagh Dillon of Aurora New Dawn, a domestic abuse charity specialising in advocacy for victims and survivors. The podcast looks at domestic abuse in family proceedings from the legal side of things but also from the front line, with Shonagh bringing her perspective. The podcast also looks at Scott schedules and what might replace them.

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Variation of Nuptial Settlements30 Mar 202100:35:32
Edward Boydell and Mark Dubbery of Pump Court join host Tara Lyons on a whistle stop tour of the relevant law and practical approaches to nuptial settlements. Edward brings his pure financial remedy perspective and Mark brings his trust expertise to provide a fascinating discussion which simplifies an extremely complex subject and hopefully provides some pointers for any listening practitioners.

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Learning to laugh after baby loss10 Oct 202300:36:23
Following up from our podcast on George's Law, Pump Court was pleased to welcome Keeley Lengthorn of Taylor Rose MW back to the podcast, this time joined by Ashleigh Ulyssess who is an Operations Manager and Sands Befriender. Both were speaking to Imogen Robins in connection with Baby Loss Week. Listeners should be warned that this podcast may be triggering for those who have experienced baby loss. Following up from George's Law, this podcast is also not about family law but it is an important issue which affects families and we hope listeners agree that these incredibly brave women deserve this platform to tell their story and continue to raise awareness.

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Independent Social Workers in private children proceedings23 Mar 202100:29:49
Victoria Ellis of Pump Court and Sylvia Owolawi, independent social worker (ISW) of Integrated Dispute Resolution, join host Mark Ablett to talk all things ISW in children proceedings from two different perspectives. Victoria discusses situations where from a legal standpoint an ISW would be justified or appropriate and Sylvia gives invaluable perspective from the social worker point of view, looking not only at the analysis an ISW can offer but also the hands on active social work. The podcast also looks at appointments of guardians and the relationship with an ISW in such a case. A must listen.

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Step-children (and similar) in family proceedings09 Mar 202100:21:40
Samara Brackley of Pump Court joins host Mark Ablett for a wide-ranging discussion on how step-children, half-siblings and related children generally fit into family proceedings. The podcast covers financial remedy proceedings, including the definition of "a child of the family" and child arrangements proceedings, including the circumstances in which a parent may need to apply for permission to bring an application.

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International Relocation in 202102 Mar 202100:35:32
The Family Law Podcast is back for its third series and it starts with a cracker. Hilary Lennox and Jennifer Swan, both of Pump Court, join host Tara Lyons for a comprehensive discussion of the court's evolving approach to applications for permission to relocate with children internationally. Hilary and Jennifer lend their expertise to explain the move away from strict adherence to Payne v Payne and discuss the impact of Covid on such applications and what extra factors the court may have to consider.

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Domestic abuse in minority communities24 Dec 202000:24:03
In the series finale of series 2 of the Family Law Podcast, Naima Asif of Pump Court talks to host Mark Ablett about some of the lesser known forms of domestic abuse we encounter, particularly in minority communities. Naima discusses with Mark about how best to deal with these forms of abuse in the context of litigation and what the courts are actually doing to help, including forced marriage protection orders.

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Pension ring-fencing after W v H14 Dec 202000:30:20
In a fascinating podcast, Tara Lyons is joined by Caroline Bayliss of Excalibur Actuaries to talk all things pensions after W v H. In particular, in circumstances where HHJ Hess indicated straight line ring-fencing could be unfair, Caroline gives her expert view on alternative methods of ring-fencing and their implications on sharing.

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Common Issues in Farming Cases08 Dec 202000:36:54
Tara Lyons is joined by Jack Rundall of Pump Court Chambers and Anthony Field of the BTF partnership, an expert valuer frequently instructed in farming cases. The podcast discusses the various issues that arise in farming cases both from a valuation perspective and from counsel's perspective, taking a global approach to what can be very complex proceedings.

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Adjourning Capital Claims03 Dec 202000:41:03
Edward Boydell and Cordelia Williams join host Tara Lyons to discuss adjourning capital claims in financial remedy proceedings. They look at a raft of recent decisions with slightly conflicting tests, as well as tracing the history of adjourning capital claims and a curious connection with Pump Court Chambers.

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Pre-nuptial agreements: updates and tips23 Nov 202000:54:26
Amelia Sugden of Pump Court brings host Tara Lyons up to date with the latest case law developments in the world of pre-nuptial agreements. Ever a developing issue, Amelia and Tara discuss the issues raised and give practical tips to any listening solicitors for drafting pre-nuptial agreements in the future.

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Nutshell guide to ex parte applications18 Nov 202000:27:42
Samara Brackley of Pump Court takes host Mark Ablett through her expert nutshell guide to without notice applications in both Family Law Act 1996 and Children Act 1989 proceedings. The pair discuss everything from procedure through to statements, with Samara providing invaluable insight into the pitfalls along the way.

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Conduct in financial remedies: where are we now?09 Nov 202000:27:22
Maria Henty of Pump Court takes host Mark Ablett through the up to date position in relation to conduct in financial remedy proceedings. The pair reflect on Mostyn J's efforts to formally categorise different kinds fo conduct in OG v AG [2020] EWFC 52 and Maria provides some invaluable pointers on when to run, and not to run, a conduct claim.

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The Law Commission's Review on Financial Remedies11 Sep 202300:39:52

Join Jennifer Lee of Pump Court and star guest, Professor David Hodson OBE, KC (Hons) MCIArb, joint co-founder and senior partner at The International Family Law Group, for a thought-provoking podcast on the Law Commission's review of the laws which determine financial provision on divorce or the ending of a civil partnership.


The Matrimonial Causes Act 1973 Act is now 50 years old. Are there problems with the current framework which require reform? What might the options be?


This podcast will look at the scope of the Law Commission's work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions. 


Listen to the podcast and let us have your views! Those with questions or comments may contact Jennifer Lee.

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Financial provision for minor and adult children03 Nov 202000:25:03
Helen Brander of Pump Court joins host Mark Ablett to discuss provision for children, both adult and minor, particularly in light of the decision of Sir James Munby in FS v RS & JS. The pod also ventures overseas to look at the extremely different position in Italy, where provision for adult children is the norm.

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Special guardianship orders: Where are we now?30 Sep 202000:31:09
In this series finale, Leslie Samuels QC joins host Mark Ablett to talk about special guardianship orders in the light of the Public Law Working Group's recent report. As a leading silk and deputy High Court Judge, Leslie offers unparalleled insight into the issues raised by the report and what is needed to address them. Fear not, the Family Law Podcast will be back soon!

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Coronavirus: the view from the bench24 Sep 202000:30:48
Edward Boydell of Pump Court Chambers sits down with District Judge Hudd of the Central Family Court to discuss how coronavirus has affected the judiciary and the running of First Avenue House. District Judge Hudd offers some fascinating insights into how the court has operated and how some changes may well be sustained beyond the end of Covid-19 (whenever that might be!).

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Third-party trust interests in financial remedies10 Sep 202000:46:41
Trusts expert Mark Dubbery joins host Tara Lyons for this week's bumper podcast looking at third-party trust interests and how to deal with them in the context of financial remedy proceedings. Mark indulges us with a whistle-stop tour of the applicable principles for constructive trusts and proprietary estoppel as well as invaluable guidance on tactical errors to avoid.

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