Episodios
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This week, the Pump Court Family Law podcast hosted a very special guest, the formidable Samantha Hillas KC from St John’s buildings. Listen to Sam talk to host Tara Lyons about her views on private FDRs and an important emerging pilot aimed at assisting litigants in persons in settling their cases early and at minimum cost. A must listen.
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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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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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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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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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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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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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Keeley Lengthorn of Taylor Rose MW speaks to host Imogen Robins about her awe inspiring campaign for statutory leave for baby loss under 24 weeks of pregnancy. Keeley talks frankly about her own experiences which led her to be a campaigner, and listeners should be trigger-warned in relation to baby loss. This is not family law, but it is law affecting families and Keeley's honesty and tenacity makes this a must-listen.
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Helen Brander and Edward Boydell discuss top-up child maintenance and the impact of CMX v EJX.
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Join Mark Ablett for an enlightening chat with Pump Court's Cordelia Williams about the rise in the practice of nesting in child arrangements cases, as reported by the Guardian: https://www.theguardian.com/lifeandstyle/2023/jul/15/birdnesting-divorcing-couples-family-home-turns-children
The pod looks at the pros and cons (mainly cons...) of the arrangement, for both children and parents, considering the one recent reported decision on the issue of A, B and C (Children: Nesting Arrangement) [2022] EWCA Civ 68 and with Cordelia providing invaluable insight from handling a multitude of nesting cases recently.
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Coach and facilitator Samantha Hawkins joins host Mark Ablett to talk about the oft-heard but less understood concept of Imposter Syndrome. The podcast looks at whether it is even a syndrome and some of the wider causes which may impact on those feelings in the individual. Samantha then gives some invaluable practical pointers for dealing with Imposter Syndrome both for the individual and also tips for employers/workspaces. Samantha can be found at https://www.samantha-hawkins.com/ and listeners should contact her if they wish to know more.
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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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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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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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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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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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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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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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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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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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