Modest assets and the evolution of the financial remedy court

Giorgia Sessi Parklane Plowden Chambers
Hannah Whitehouse Parklane Plowden Chambers

This article looks at the changes and evolution in the financial remedy court in the wake of the pandemic and the impact that has had on every day modest asset cases. The article looks at the shift in judicial guidance and reminding litigants of their duty to negotiate reasonably and proportionately (in light of costs). The authors review the new fast-track procedure for cases involving net assets under £250 000 and the rules that apply in these cases. The article also considers the recent cases of Xanthopoulos v Rakshina [2022]  WC v HC [2022] and JM v KK [2021] and the principles to be taken away from these cases by financial remedy practitioners and how they can be applied to modest asset cases. The article concludes by rounding up the guidance and cases on pensions from the last 3 years and the impact this has had on judicial approaches in the County Courts in first instance decisions within financial remedy proceedings since 2019.

The full article will be published in the July...

Read the full article here.