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17 January 2025 / Siobhan Vegh , Natalie Nero , Rebecca Sutton
Issue: 8100 / Categories: Features , Family , Divorce , Costs , ADR , Mediation
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Parties behaving badly

203908
Family practitioners should be aware of the courts’ increasing readiness to impose costs orders as a result of poor behaviour or misleading evidence: Siobhan Vegh, Natalie Nero & Rebecca Sutton highlight a recent example
  • How complex assets are treated in financial remedy proceedings where there is debate over whether they should be considered matrimonial or non-matrimonial.
  • How assets are divided in cases where there are minimal liquid assets to rehouse parties and ensure dependent children’s wellbeing after separation.
  • Considerations of non-disclosure and behaviour in proceedings and the impact on outcome.

Divorce and separation are rarely smooth, even for the most amicable of couples. Disputes over finances, assets and children are unfortunately all too common. Money is often one of the most contentious areas, and the law around the division of assets can be complex. It is sadly not uncommon for parties to become very acrimonious, or for one or both parties to behave poorly during proceedings. Poor behaviour in this context means hiding (or

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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