header-logo header-logo

09 March 2017 / Tim Jones , Shlomit Glaser
Issue: 7737 / Categories: Features , Divorce , Family
printer mail-detail

LiPs: a perfect storm in the divorce courts?

nlj_7737_glaserjones

Iqbal v Iqbal provides a salutary example of the consequences that can occur in the absence of legal representation, as Shlomit Glaser & Tim Jones report

  • Condemning a divorce settlement for lack of process.
  • The Family Procedure Rules and well-known basic legal principles of evidence and natural justice had not been followed.

The decision of the Court of Appeal in Iqbal v Iqbal [2017] EWCA Civ 19 has attracted some media attention for its setting aside of a substantial divorce settlement, valued in the region of £3.5m. The Court of Appeal’s excoriating criticism of the way the case had been dealt with in the lower courts has invited colourful accounts. It is self-evident something has gone wrong when financial remedy proceedings initiated in July 2010 are reset to that starting position in January 2017. It almost invites the conclusion that the lower courts are responsible for the settlement being “thrown out” and that “improvements” need to be put in place.

There are two strands to the case. One relates

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Megan Bradbury

Clarke Willmott—Megan Bradbury

Corporate team welcomes paralegal in Southampton

Howard Kennedy—Paul Moran

Howard Kennedy—Paul Moran

London firm strengthens real estate team with partner appointment

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

NEWS
Pathfinder courts—renamed ‘Child focused courts’—are to be rolled out nationally, following a successful pilot where backlogs halved and cases were resolved up to seven and a half months faster
The Court of Appeal has unanimously dismissed a £385,000 costs order against a father, in a case that centred on what is required to meet the threshold of ‘reprehensible or unreasonable’ behaviour
Centuries-old burial laws would be overhauled, under Law Commission proposals to address the burgeoning problem of shortage of cemetery space
The government has committed an extra £32m to women’s charities and services tackling addiction, trauma, abuse and homelessness
The Financial Ombudsman is poised for major reform to return it to a simple, impartial dispute resolution service
back-to-top-scroll