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The Brief: Financial Remedy Update from 4PB
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Welcome to ‘The Brief’ from 4PB. Each month we will provide an update of case law changes to legislation and outline any new rules in relation to financial remedies procedure. In this first instalment however we will cover significant changes since the start of 2022 to ensure that the update is all encompassing and to set the stage for future monthly updates.
Cases
Xanthopoulos v Rakshina [2022] EWFC 30
- LSPO application to be released from an undertaking and anonymisation order
- In strong terms Mostyn J expressed trenchant distain for the ‘nihilistic’ ‘apocalyptic’ ‘self-harming’ litigation which had incurred £5.4m in costs (with projected costs of £7-8m) suggesting action was needed from the Lord Chancellor to introduce statutory measures to limit the scale and rate of costs run up in such cases or consideration by the FP Rule Committee;
- Deliberate flouting of orders guidance and procedure is a form of forensic cheating. Advisers should clearly understand that such non-compliance may well be regarded by the court as professional misconduct leading to a report to their regulatory body;
- Litigants who go well beyond a costs allowance already...
Read the full article here.
