Junior Financial Remedies Seminar, 15 October ’24

Please join us in Chambers on the afternoon of Tuesday 15th October for what will be a hugely engaging and insightful seminar delivered by expert members of our Junior Financial Remedy Team.

Emma Templar, Luke Tallis and Jack Best will be running an interactive group seminar looking at case studies which include disputed issues of separation agreements, addback/conduct and Legal Services Payment Orders (‘LSPO’).
 
This seminar will not follow the usual seminar structure. Instead, attendees will be split into 2 groups (representing the husband and wife, respectively) to discuss the 3 disputed issues. There will be an opportunity for both groups to analyse the issues from the other spouse’s standpoint at the end.
 
The intention is for the attendees to leave the seminar with an understanding of the different competing arguments, irrespective of which spouse they are instructed by. There will be a practical discussion of effective case strategy, litigation tactics, useful pointers and possible pitfalls.
 
Separation agreements: It is widely understood across the profession that pre and post-nuptial agreements are on the rise, in part due to the Family Court being more willing to honour agreements freely entered into by both parties. What is not always understood is the principles applied by the Court when asked to hold both parties to an agreement.
 
Addback/conduct: It is not unusual to see one (or both) of the spouses attempt to ‘addback’ assets which they say the other spouse has dissipated, including in needs cases where the assets are modest. The focus of the discussion will be on needs-driven cases, and the observations by Mr Justice Peel in Tsvetkov v Khayrova [2023] EWFC 130 (that addback is a form of conduct which must be properly pleaded).
 
LSPOs: Deciding whether to pursue or defend a LSPO application can be one of the most important considerations during the initial stages of litigation. There will be an exploration of how best to prepare those applications, and what the court is looking for at any contested hearing.