13 September 2024
A recent case could have significant implications for the wash-spin-repeat cycle of financial remedies litigation, as Nicholas Fairbank, barrister at 4PB, explains in this week’s NLJ
It considers whether a court has the power to strike out an application to set aside financial remedy consent orders.
Fairbank explains that the decision overturns a 2016 Court of Appeal decision and has wide-ranging implications for family law practitioners. It means the court can now weed out unmeritorious applications at an early stage.
He writes that there is now ‘a realistic hope of finality and avoiding a wash-spin-repeat cycle in financial remedies litigation’.
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