The Family Law Podcast

In a special ‘Live from the Connaught' edition of the podcast, recorded at our Annual Family Finance seminar, Edward Boydell KC interviews Sir Nicholas Francis, recently retired from the Bench, about the life, work and pressures of being a High Court judge. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

Helen Brander and Edward Boydell discuss top-up child maintenance and the impact of CMX v EJX. Hosted on Acast. See acast.com/privacy for more information.

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-childrenThe 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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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! Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

Sadie Glover of BP Collins solicitors joins host Mark Ablett to discuss her new book, A Practical Guide to Short Marriages for Family Lawyers. Sadie and Mark discuss in outline the issues financial remedies practitioners face when dealing short marriages and how the court's approach may differ to a longer marriage. Sadie also gives an insight into the relevance of childlessness and non-conventional pre-marital agreements (e.g. Declarations of Trust) with a healthy dose of case law along the way. Not to be missed. Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.

Oliver Foy of Pump Court joins host Mark Ablett to discuss the interrelation between occupation orders and possession proceedings. This is a particularly important area to consider when advising unmarried cohabitants who occupy a property in the sole name of one party, without a declaration of trust in place. Oliver talks Mark through licences and possession claims, both in terms of the law and procedure. This is a must listen for any family practitioners who might encounter an ancillary possession claim as part of a dispute between cohabitants. See acast.com/privacy for privacy and opt-out information.

Fresh from his talk on the same subject for the Resolution National conference 2022, Leslie Samuels QC talks to host Mark Ablett about non-accidental head injuries in care proceedings. The podcast focuses on the practical skills needed for such cases, in particular how to challenge a medical expert when as a lawyer, one is not medically trained oneself. Leslie gives an invaluable insight into a silk's working practices and the breadth of knowledge required to deal with such complex cases, where lawyers must be at the very least familiar with advanced medical issues and scientific debate. An important listen for any care practitioners. See acast.com/privacy for privacy and opt-out information.

Bemused by the new legislation on no fault divorce? Baffled by what a conditional order means? Look no further - Samara Brackley and Tara Lyons go through the new law so you don't have to. An essential potted guide for all family practitioners looking to get to grips with one of the most significant law changes in recent years. See acast.com/privacy for privacy and opt-out information.

Tara Lyons is joined by Nigel Pascoe QC of Pump Court Chambers for this timely podcast on cross-examining vulnerable witnesses. Nigel is the author of an advocacy guide and has been a silk in the criminal courts for 34 years! In the wake of an increase in appreciation of special measures for witnesses following the Domestic Abuse Act 2021 and FPR Part 3A, Nigel gives invaluable guidance for practitioners, drawing from his unparalleled experience as a jury advocate. A must listen. See acast.com/privacy for privacy and opt-out information.

The Pump Court Family Law Podcast is back for its fifth season and the team have well and truly hit the ground running. In this first episode, Tara Lyons his joined by barrister Imogen Robins and solicitor Beth Woodward, Head of Family at Neves solicitors. The trio discuss the benefits of arbitration in financial remedy applications, when it would be appropriate and how one goes about getting an arbitration up and running, before moving on to consider the status of arbitration awards in the Family court post-Haley v Haley and A v A. This is a huge growth area in family law and for anyone who remains a little unclear or uneasy about arbitration, this is the podcast for you. See acast.com/privacy for privacy and opt-out information.

The Pump Court Family Law Podcast is back for its fifth season and the team have well and truly hit the ground running. In this first episode, Tara Lyons his joined by barrister Imogen Robins and solicitor Beth Woodward, Head of Family at Neves solicitors. The trio discuss the benefits of arbitration in financial remedy applications, when it would be appropriate and how one goes about getting an arbitration up and running, before moving on to consider the status of arbitration awards in the Family court post-Haley v Haley and A v A. This is a huge growth area in family law and for anyone who remains a little unclear or uneasy about arbitration, this is the podcast for you. See acast.com/privacy for privacy and opt-out information.

Join host Tara Lyons and guest Helen Brander for this bumper special episode taking the listener through the new efficiency statement regulating how we all must now work in the financial remedies court, from ES1 and ES2 through to the court's potential power to disallow an advocate's fees at final hearing. This is an absolute must listen for all financial remedy practitioners. Series 5 of the podcast will be coming soon but we were very keen to get this one out as early as possible! See acast.com/privacy for privacy and opt-out information.

It has been described as dangerous and concerning and has been rumbling around since 2014. Oliver Peirson of Pump Court tackles Baroness Deech's controversial Private Members' Bill to radically reform financial remedies law which has recently been revived in Parliament. The Bill deals with matters such as the enforceability of pre-nuptial agreements, matrimonial property, replacing s.25(2) Matrimonial Causes Act 1973 and capping the term for spousal maintenance orders. An interesting discussion of proposed reform which does not seem to be going away and a great way to end the fourth (not third, sorry Tara!) series of the podcast. See acast.com/privacy for privacy and opt-out information.

In May 2021, Resolution published their report “Wellbeing in Family Law” which painted a grim picture of morale amongst family law practitioners, including a worrying statistic of 1 in 4 respondents considering leaving the profession. With lockdown and remote working, wellbeing and mental health has never been more important in the legal profession generally. For family lawyers, dealing with emotional and sometimes troubling cases day in day out, it has to always be borne in mind. Tara Lyons of Pump Court talks to solicitors Nina Lake and Jessica Smith of Howard Kennedy about this delicate topic, including some troubling responses in the Resolution report and what mechanisms are available to combat the issues raised. See acast.com/privacy for privacy and opt-out information.

Jesse Cook of Pump Court, a Bar Council Social Mobility Advocate and a rising star in chambers, talks to Tara Lyons about his route to the Bar and the challenges he faced in doing so. This is an important listen at a time where diversity at the Bar has never been more important yet hitherto overcome obstacles seem to be reappearing. See acast.com/privacy for privacy and opt-out information.

The Britney Spears litigation over conservatorship in the US courts has been much publicised and discussed in recent months. Julian Reed takes a look at things might be approached if a young super-rich pop star was in a similar scenario in this jurisdiction. He talks host Mark Ablett through the English law equivalents of conservatorship, namely deputyship and power of attorney. Julian goes on to consider what might happen if someone subject to deputyship sought to either replace the deputy or revoke deputyship altogether. An unmissable introduction to a very topical subject! See acast.com/privacy for privacy and opt-out information.

Catherine Ellis and Jennifer Swan talk host Mark Ablett through the Supreme Court's decision in Re T [2021] UKSC 35 involving the use of DOLS. The pair go through the very latest case law as well as providing an exhaustive analysis of the Supreme Court's judgment, somehow compressing 67 pages into one podcast. Jennifer and Catherine provide pointers for professional listeners on what to look out for in making DOLS applications and they reflect on what the legacy of Re T might be. A must listen for anyone involved or interested in the field. See acast.com/privacy for privacy and opt-out information.

Jennifer Lee joins host Mark Ablett to talk about legal services funding in all manner of family litigation, from financial remedies, including Schedule 1 proceedings, to s.8 Children Act proceedings. Jennifer looks at the source of the court's power for each set of proceedings and they discuss the latest case law on the issue. Don't miss Jennifer's top tips and warnings as well - a must listen! See acast.com/privacy for privacy and opt-out information.

Pump Court's Corinne Iten gives host Mark Ablett the benefit of her expert opinion on the legacy of the Court of Appeal's decision in Re T and R (Refusal of Placement Order) [2021] EWCA Civ 71. Corinne discusses the importance of cultural identity and how this case emphasises the significance of that identity to a child's needs, particularly in the context of last resort placement. Corinne also warns against placing too much weight on this one decision; as ever children cases in particular are highly fact specific. An important listen for public children practitioners. See acast.com/privacy for privacy and opt-out information.

The Family Law Podcast returns for its fourth series, leading with a practical focused episode on the dos and don'ts when making an application for expert evidence under Part 25 of the FPR in both children and financial remedy cases. Maria Henty expertly (appropriately) guides host Mark Ablett through the essential ingredients for a successful application and outlines common pitfalls and the risks faced by a poorly constructed application. See acast.com/privacy for privacy and opt-out information.

For our final episode of the season, Tara Lyons is joined by forensic accountant Nick White of Nick White Divorce accountants (https://www.nickwhitedivorceaccountants.co.uk/) for a fascinating talk on business valuations in financial remedies proceedings. See acast.com/privacy for privacy and opt-out information.

Mark Ablett hosts Catherine Ellis of Pump Court who takes him on a whistle stop tour of FII (Fabricated or Induced Illness) in children proceedings. Catherine in particular explains the impact of the latest guidance (published March 2021) from the Royal College of Paediatrics and Child Health and the helpful definitions contained in that guidance. Listeners can expect invaluable tips and pointers both for private and public children proceedings. See acast.com/privacy for privacy and opt-out information.

Jennifer Lee of Pump Court joins host Tara Lyons to provide an outline of some of the headline issues that may arise where Court of Protection considerations come into the realm of financial remedies. Jennifer talks capacity in all its various forms and outlines some of the key case law to which a practitioner would need to have regard. In particular, on capacity to marry, Jennifer talks through the decision of Mostyn J in Mundell v Name 1 [2019] EWCOP 50 and its implications. See acast.com/privacy for privacy and opt-out information.

Hot off the press from the Court of Appeal, Re H-N and others (children) [2021] EWCA Civ 448 has the potential to redefine (or start to redefine) the way in which the Family Court approaches domestic abuse, particularly more nuanced allegations like coercive and controlling behaviour. Reacting to this with host Mark Ablett are Penny Howe QC and Jennifer Swan of Pump Court, along with Shonagh Dillon of Aurora New Dawn, a domestic abuse charity specialising in advocacy for victims and survivors. The podcast looks at domestic abuse in family proceedings from the legal side of things but also from the front line, with Shonagh bringing her perspective. The podcast also looks at Scott schedules and what might replace them. See acast.com/privacy for privacy and opt-out information.

Edward Boydell and Mark Dubbery of Pump Court join host Tara Lyons on a whistle stop tour of the relevant law and practical approaches to nuptial settlements. Edward brings his pure financial remedy perspective and Mark brings his trust expertise to provide a fascinating discussion which simplifies an extremely complex subject and hopefully provides some pointers for any listening practitioners. See acast.com/privacy for privacy and opt-out information.

Victoria Ellis of Pump Court and Sylvia Owolawi, independent social worker (ISW) of Integrated Dispute Resolution, join host Mark Ablett to talk all things ISW in children proceedings from two different perspectives. Victoria discusses situations where from a legal standpoint an ISW would be justified or appropriate and Sylvia gives invaluable perspective from the social worker point of view, looking not only at the analysis an ISW can offer but also the hands on active social work. The podcast also looks at appointments of guardians and the relationship with an ISW in such a case. A must listen. See acast.com/privacy for privacy and opt-out information.

Samara Brackley of Pump Court joins host Mark Ablett for a wide-ranging discussion on how step-children, half-siblings and related children generally fit into family proceedings. The podcast covers financial remedy proceedings, including the definition of "a child of the family" and child arrangements proceedings, including the circumstances in which a parent may need to apply for permission to bring an application. See acast.com/privacy for privacy and opt-out information.

The Family Law Podcast is back for its third series and it starts with a cracker. Hilary Lennox and Jennifer Swan, both of Pump Court, join host Tara Lyons for a comprehensive discussion of the court's evolving approach to applications for permission to relocate with children internationally. Hilary and Jennifer lend their expertise to explain the move away from strict adherence to Payne v Payne and discuss the impact of Covid on such applications and what extra factors the court may have to consider. See acast.com/privacy for privacy and opt-out information.

In the series finale of series 2 of the Family Law Podcast, Naima Asif of Pump Court talks to host Mark Ablett about some of the lesser known forms of domestic abuse we encounter, particularly in minority communities. Naima discusses with Mark about how best to deal with these forms of abuse in the context of litigation and what the courts are actually doing to help, including forced marriage protection orders. See acast.com/privacy for privacy and opt-out information.

In a fascinating podcast, Tara Lyons is joined by Caroline Bayliss of Excalibur Actuaries to talk all things pensions after W v H. In particular, in circumstances where HHJ Hess indicated straight line ring-fencing could be unfair, Caroline gives her expert view on alternative methods of ring-fencing and their implications on sharing. See acast.com/privacy for privacy and opt-out information.

Tara Lyons is joined by Jack Rundall of Pump Court Chambers and Anthony Field of the BTF partnership, an expert valuer frequently instructed in farming cases. The podcast discusses the various issues that arise in farming cases both from a valuation perspective and from counsel's perspective, taking a global approach to what can be very complex proceedings. See acast.com/privacy for privacy and opt-out information.

Edward Boydell and Cordelia Williams join host Tara Lyons to discuss adjourning capital claims in financial remedy proceedings. They look at a raft of recent decisions with slightly conflicting tests, as well as tracing the history of adjourning capital claims and a curious connection with Pump Court Chambers. See acast.com/privacy for privacy and opt-out information.

Amelia Sugden of Pump Court brings host Tara Lyons up to date with the latest case law developments in the world of pre-nuptial agreements. Ever a developing issue, Amelia and Tara discuss the issues raised and give practical tips to any listening solicitors for drafting pre-nuptial agreements in the future. See acast.com/privacy for privacy and opt-out information.

Samara Brackley of Pump Court takes host Mark Ablett through her expert nutshell guide to without notice applications in both Family Law Act 1996 and Children Act 1989 proceedings. The pair discuss everything from procedure through to statements, with Samara providing invaluable insight into the pitfalls along the way. See acast.com/privacy for privacy and opt-out information.