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Family Law Week: Message from the President of the Family Division: The Financial Remedies Courts


On 24 February 2021 the President of the Family Division, Sir Andrew McFarlane, issued the following message:
I am pleased to announce that the Financial Remedies Courts (FRC) pilot project has now been completed.
This project had its origins in a paper published in November 2016 and was formally initiated as a pilot project by my predecessor in January 2018. The first pilot zone, the West Midlands, started work in April 2018.
The pilot project has been progressively rolled out and is now live in 18 FRC zones covering all parts of England and Wales. With the conclusion of the pilot phase, the FRCs should henceforth be regarded as an established and permanent part of the Family Court. ....

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Family Law Week: Financial Remedy Update – February 2021


The Court of Appeal gave judgment following the Wife s appeal against an order of HHJ Oliver.
The parties had married in 2009 and separated in 2019. The Wife subsequently commenced divorce and financial remedy proceedings in April 2019. The Wife applied for maintenance pending suit. The application was heard by a deputy district judge in October 2019 and the Husband was ordered to pay MPS of £2,200 pcm. The Husband appealed that order. HHJ Oliver allowed the appeal, finding that the DDJ had not carried out a critical analysis of the Wife s needs, school fees had been included in the order and there had been an assumed reduction in the mortgage instalments of £600 pcm. Whilst the judge was sure the Wife needed maintenance he did not consider he was in a position to decide what order should be made in place of the DDJ s order. The Wife appealed. ....

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Family Law Week: Financial Remedy Update, December 2020


News
Following judgment in
R (on the application of GR) v Director of Legal Aid Casework & Anor [2020] EWHC 3140 (Admin), victims of domestic abuse who jointly own property with their abuser must not be automatically denied legal aid on the grounds of capital that is in practice trapped . The court found the Legal Aid Agency has discretion over whether legal aid should be granted in these cases.  This strategic litigation was brought by Public Law Project (PLP) supported by the Law Society
Supreme Court declines to hear transgender man s appeal to be registered as father
The SC has declined to hear a case in which a transgender man who had given birth to a son sought judicial review of the decision that he had to be registered on the birth certificate of the son as his mother .  Alfred McConnell is a transgender man and holder of a gender recognition certificate, who gave birth to a son, YY. The Registrar General for England and Wales decided that Mr McConne ....

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