Talking Family Law - The Resolution Podcast
34 episodes - English - Latest episode: about 1 month ago - ★★★★★ - 1 ratingGuests take on a topical debate in family law in each episode in this podcast series from Resolution. Our hosts, Simon Blain and Anita Mehta, invite family law experts to share their experiences and anecdotes, in an insightful and entertaining conversation.
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Episodes
Resolution Podcast S3 Episode #8 | PAG2, Pensions, and a Goodbye to Hilary | w/ Hilary Woodward, Paul Cobley and & Rhys Taylor
March 25, 2024 14:11 - 57 minutes - 33.3 MBThis month we are joined by Hilary Woodward (Honorary Senior Research Fellow with Bristol School of Law), Paul Cobley (Oak Barn Financial Planning) and Rhys Taylor (36 Group) to discuss PAG2: https://www.nuffieldfoundation.org/wp-content/uploads/2023/A-guide-to-the-treatment-of-pensions-on-divorce-2nd-edition.pdf Hilary tells us about the changes in PAG2 and mentions the guide to the changes which is available on the webpage: https://www.nuffieldfoundation.org/wp-content/uploa...
Resolution Podcast S3 Episode #7 | Business accounts; have a healthy dose of scepticism | w/ Robert Cole & Peter Smith
February 26, 2024 14:33 - 1 hour - 40.5 MBThis month we are treated to this tour de force by Robert Cole who is Head of the Family Team at Broadway House Chambers, Leeds and regularly sits as an arbitrator and ENE/pFDR adjudicator across the country, and Peter Smith from Quantis Forensic Accountants about how to analyse business accounts. We immediately launch into a discussion about what should cause you concern in business accounts, and the well known issue that businesses always seem to be failing when people are ge...
Resolution Podcast S3 Episode #6 | The Fair Shares Report | w/ Emma Hitchings, Gillian Douglas & Joanne Edwards
December 18, 2023 12:39 - 52 minutes - 32.2 MBIn this episode we are joined by Professor Emma Hitchings (Bristol University), Professor Emerita Gillian Douglas (Kings College, London), and Joanne Edwards (Chair of Resolution’s Family Law Reform Committee/Forsters) to discuss the Fair Shares report. This report is the first time there is a fully representative picture of the financial arrangements families make (and in a lot of instances, don’t make) on separation and divorce, and how they arrive at those arrangements. It i...
Resolution Podcast S3 Episode #5 | Re-thinking Mediation | w/ Jo O'Sullivan, Dr Jon Symonds & Rachel Chisholm
November 24, 2023 14:57 - 57 minutes - 31.5 MBThis month we take an in-depth look at mediation with Jo O’Sullivan (O’Sullivan Family Law), Dr Jon Symonds (University of Bristol) and Rachel Chisholm (The Mediation Space, 4PB). In November 2022, Dr Symonds with his colleagues Emma Dermott, Emma Hitchings, Eleanor Staples, and Heather Ottaway from Bristol University published research with the Nuffield Family Justice Observatory, called Separating families: Experiences of separation and support: https://www.nuffieldfjo.org.uk/res...
Resolution Podcast S3 Episode #4 | Dangerous Relationships | w/ Professor Jane Monckton-Smith
October 27, 2023 12:44 - 52 minutes - 32.1 MBThis month we talk to Professor Jane Monckton-Smith. The Professor is a specialist in homicides that are preceded by domestic abuse and coercive control. This is important for every single professional working in the family justice field because the Professor tells us that separation is the single biggest factor in homicide. Coercive control is domestic abuse – it is not a facet of domestic abuse. It is a pattern of behaviour designed to trap someone in a relationship. This can ...
Resolution Podcast S3 Episode #3 | Prenups - Definitely Worth the Paper it is Written on | w/ Connie Atkinson & Nicholas Bennett
September 29, 2023 10:01 - 39 minutes - 22.8 MBIn this episode we are joined by Nicholas Bennett (29 Bedford Row), and Connie Atkinson (Kingsley Napley) who are both experts and enjoy pre-nuptial work including drafting, supporting or challenging pre-nups in Court. Any discussion of pre-nups of course starts with Radmacher v Granatino [2010] UKSC 42, but we swiftly move on to Crossley applications (an application to the Court that the process of disclosure should be truncated because of the existence of the pre-nup) pursuant...
Resolution Podcast S3 Episode #2 | The Trouble with Costs | w/ HHJ Reardon and Laura Moys
September 01, 2023 10:24 - 52 minutes - 31.3 MBWe all agree that costs applications, and costs orders, are becoming more prevalent in Children Act as well as financial remedy proceedings. Public policy certainly seems to favour the use of costs orders as a way of ensuring that litigation is proportionate and reasonable. In this episode we are assisted by HHJ Reardon (who sits in East London Family Court and the CFC hearing both Children Act and Financial Remedy cases) and Laura Moys (barrister at 1 KBW) talk us through c...
Resolution Podcast S3 Episode #2 | The Trouble with Costs | w/ HHJ Reardon & Laura Moys
September 01, 2023 10:24 - 52 minutes - 31.3 MBWe all agree that costs applications, and costs orders, are becoming more prevalent in Children Act as well as financial remedy proceedings. Public policy certainly seems to favour the use of costs orders as a way of ensuring that litigation is proportionate and reasonable. In this episode we are assisted by HHJ Reardon (who sits in East London Family Court and the CFC hearing both Children Act and Financial Remedy cases) and Laura Moys (barrister at 1 KBW) talk us through c...
Resolution Podcast S3 Episode #1 | Busking with Mr Justice Mostyn
July 21, 2023 14:56 - 49 minutes - 28.7 MBWe could not have been more excited to have the opportunity to speak to Mr Justice Mostyn before he retires at the end of the month. We discuss Movers & Shakers – his highly successful podcast with five other Parkinson’s sufferers: https://cureparkinsons.org.uk/2023/03/movers-shakers-six-familiar-faces-launch-podcast-about-living-with-parkinsons/ Plus his best case, and thoughts on transparency of course! The Judge clarifies that Hildebrand documents are admiss...
Resolution Podcast S2 Episode #10 | All you need to know about appeals | w/ Chris Barnes & Joseph Rainer
May 26, 2023 15:23 - 1 hour - 39.8 MBIn this episode we speak to two keen advocates known for their appellate work; Chris Barnes and Joe Rainer. Chris speaks about appeals in Children Act work and Joe speaks to financial remedy appeals. We discuss how to evaluate the type of decision – is it an evaluative or discretionary decision, or is it a finding of fact and how this impact on your likelihood of success. This is the speech of Mr Justice Mostyn about that: https://www.judiciary.uk/speech-by-mr-justice-mostyn-t...
Resolution Podcast S2 Episode #10 | All you need to know about appeals | w/ Chris Barnes and Joseph Rainer
May 26, 2023 15:23 - 1 hour - 39.8 MBIn this episode we speak to two keen advocates known for their appellate work; Chris Barnes and Joe Rainer. Chris speaks about appeals in Children Act work and Joe speaks to financial remedy appeals. We discuss how to evaluate the type of decision – is it an evaluative or discretionary decision, or is it a finding of fact and how this impact on your likelihood of success. This is the speech of Mr Justice Mostyn about that: https://www.judiciary.uk/speech-by-mr-justice-mostyn-t...
Resolution Podcast S2 Episode #9 | Public Law | w/ Natasha Watson, Caroline Lynch & Hannah Markham KC
April 27, 2023 12:55 - 56 minutes - 32.4 MBIn this episode we chat to Natasha Watson (Acting Head of Law at Brighton & Hove City Council), Caroline Lynch (Principal Legal Advisor at Family Rights Group) and Hannah Markham KC (36 Family) who were all members of the Public Law Working Group which reported in March 2021: https://www.judiciary.uk/wp-content/uploads/2021/03/March-2021-report-final_clickable.pdf This is a wide-ranging discussion about the issues facing the family justice system. Natasha and Caroline discuss th...
Resolution Podcast S2 Episode #8 | Economic Abuse | w/ Michael Horton KC & Olivia Piercy
April 03, 2023 14:53 - 1 hour - 38 MBIn this episode we discuss the burgeoning jurisprudence around the impact of economic abuse on financial remedy cases with Olivia Piercy (Partner at Hunters Law) and Michael Horton KC (Coram Chambers). Olivia and Michael discuss the following cases in the episode: Traharne v Limb [2022] EWFC 27 DP v EP (Conduct: Economic Abuse; Needs) [2023] EWFC 6 DN V UD (Schedule 1, Children Act 1989; Capital Provision) [2021] 2 FLR 497
Resolution Podcast S2 Episode #7 | Surrogacy | w/ Natalie Gamble & Andrew Powell
March 02, 2023 17:00 - 46 minutes - 30.8 MBListen to Natalie Gamble (a solicitor and the director of NGA law) and Andrew Powell (a barrister at 4PB) consider the current law in respect of surrogacy before the law commission releases their final report due in Spring 2023. This is a wide-ranging discussion about the principles behind surrogacy, surrogates consent, and commercial surrogacy. This is a really helpful episode if you have a client approach you about obtaining a parental order in respect of their child. We di...
Resolution Podcast S2 Episode #6 | Abduction and its consequences | w/ Michael Edwards, Amy Rowe & Roz Osbourne
February 03, 2023 15:28 - 1 hour - 47.9 MBListen to Michael Edwards (a barrister at 4PB), Amy Rowe (a partner at Dawson Cornwell) and Roz Osbourne (the Director of GlobalARRK which is a charity to support the stuck parent and children) discuss the law in respect of child abduction. Amy and Michael take us through recent case law in respect of the defences to return orders under the Hague Convention 1980, and the use of inherent jurisdiction, they share practical and specialist insights about how to approach these summary p...
Resolution Podcast S2 Episode #5 | Parenting after Parting | w/ Adèle Ballantyne, Marcie Shaoul & Claire Colbert
January 09, 2023 09:02 - 37 minutes - 22.5 MBListen to Marcie Shaoul (The Co-Parent Way), Claire Colbert (Family Mediation and Mentoring) and Adèle Ballantyne (Eleda Consultancy Limited) from the Parenting After Parting Committee outline their Parenting Through Separation Guide. This Guide is available to everyone for free at https://resolution.org.uk/wp-content/uploads/2021/05/Parenting-through-separation-guide.pdf, and is written for anyone who has children, and who has separated, or is thinking about separating.
Resolution Podcast S2 Episode #5 | Parenting after Parting | w/ Adèle Ballantyne, Marcie Shaoul and Claire Colbert
January 09, 2023 09:02 - 37 minutes - 22.5 MBListen to Marcie Shaoul (The Co-Parent Way), Claire Colbert (Family Mediation and Mentoring) and Adèle Ballantyne (Eleda Consultancy Limited) from the Parenting After Parting Committee outline their Parenting Through Separation Guide. This Guide is available to everyone for free at https://resolution.org.uk/wp-content/uploads/2021/05/Parenting-through-separation-guide.pdf, and is written for anyone who has children, and who has separated, or is thinking about separating.
Resolution Podcast S2 Episode #4 | Private FDRs | w/ Katharine Landells, Antonia Mee & Sarah Phipps
December 18, 2022 15:30 - 41 minutes - 24.1 MBListen to Katharine Landells (solicitor at Withers), Antonia Mee (solicitor at Burgess Mee) and Sarah Phipps (barrister at QEB) make the case for private FDRs, explain the project to ensure that women are also being put forward as private FDR evaluators and discuss what is key to having a successful private FDR. Herewith the best practice guidelines about selecting your FDR evaluator from 5th October 2021. In effect, regardless of the size of the list of proposed evaluators you a...
Resolution Podcast S2 Episode #3 | View from the Judiciary | w/ HHJ Hess & HHJ Roberts
November 29, 2022 15:00 - 1 hour - 38.2 MBIn this episode we are joined by HHJ Roberts who is the Designated Family Judge at the Central Family Court, and the National Lead Judge for Divorce. Before joining the Bench she was a solicitor, and ran the family department at her firm for 10 years, and HHJ Hess who is the Lead Judge of the London Financial Remedy Court, and the Deputy National Lead Judge of the Financial Remedies Court. He is also Co-Chair of the Pension Advisory Group. Before joining the Bench he practiced a...
Resolution Podcast S2 Episode #3 | View from the Judiciary | w/ HHJ Hess and HHJ Roberts
November 29, 2022 15:00 - 1 hour - 38.2 MBIn this episode we are joined by HHJ Roberts who is the Designated Family Judge at the Central Family Court, and the National Lead Judge for Divorce. Before joining the Bench she was a solicitor, and ran the family department at her firm for 10 years, and HHJ Hess who is the Lead Judge of the London Financial Remedy Court, and the Deputy National Lead Judge of the Financial Remedies Court. He is also Co-Chair of the Pension Advisory Group. Before joining the Bench he practiced a...
Resolution Podcast S2 Episode #2 | Crypto-Assets | w/ Andrzej Bojarski & James Brockhurst
November 01, 2022 00:59 - 56 minutes - 33.5 MBListen to Andrzej Bojarski (family barrister) and James Brockhurst (private client lawyer) discuss crypto-assets, including what they are, essential terms, tracing, taxation and division. This episode includes all the information required to understand this form of asset.
Resolution Podcast S2 Episode #2 | Crypto-Assets | w/ Andrzej Bojarski and James Brockhurst
November 01, 2022 00:59 - 56 minutes - 33.5 MBListen to Andrzej Bojarski (family barrister) and James Brockhurst (private client lawyer) discuss crypto-assets, including what they are, essential terms, tracing, taxation and division. This episode includes all the information required to understand this form of asset.
Resolution Podcast S2 Episode #1 | CGT and the Finance Bill 2022 | w/ Rebecca Fisher
September 30, 2022 12:59 - 37 minutes - 21.3 MBThe draft Finance Bill 2022-23 https://www.gov.uk/government/publications/capital-gains-tax-transfers-of-assets-between-spouses-and-civil-partners-in-the-process-of-separating, released on 20 July, goes much further than the OTS’ recommendations. The headlines are as follows: No gain/no loss treatment extended to three years following the year of separation or date of decree absolute if earlier than 3 years No gain/no loss treatment with an unlimited time frame if the assets are ...
Resolution Podcast #9 | A foot in both camps - civil and family proceedings | w/ Brie Stevens-Hoare QC and Charlotte John
March 15, 2022 09:00 - 1 hour - 37.4 MBIn this episode, host Simon Blain and Anita Mehta talk to Brie Stevens-Hoare QC and Charlotte John, both at Gatehouse Chambers, about the intersection between civil and family proceedings. In particular, they consider trusts of land and proprietary estoppel cases. Resources Pickering v Hughes & Ors [2021] EWHC 1672 (Ch) https://www.bailii.org/ew/cases/EWHC/Ch/2021/1672.html More information More information on this Resolution podcast: https://resolution.org.uk/podcast Music cr...
Resolution Podcast #8 | Finding the Middle Ground - Parental Alienation and High Conflict | w/ Alex Verdan KC and Mark Berelowitz
February 28, 2022 16:55 - 56 minutes - 32.4 MB‘Finding the middle ground’ - in this episode Dr Mark Berelowitz (Consultant Child and Adolescent Psychiatrist) and Alex Verdan KC discuss how to manage parental alienation and high conflict cases. With Resolutions thanks to Louise Tickle for a correction in the law from the first episode.
Resolution Podcast #8 | Finding the middle ground - high conflict relationships and parental alienation | w/ Alex Verdan QC and Dr Mark Berelowitz
February 15, 2022 09:00 - 57 minutes - 32.8 MBIn this episode, host Simon Blain and Anita Mehta talk to Alex Verdan QC and Dr Mark Berelowitz about their approach to high conflict relationships and the contested issue of parental alienation. More information More information on this Resolution podcast: https://resolution.org.uk/podcast Music credit: Hopefully Flies - Magnus Moone
Resolution Podcast #7 | Child support - in search of a simpler formula | w/ Rachel Spicer and James Pirrie
January 18, 2022 08:00 - 1 hour - 37 MBIn this episode, host Simon Blain talks to Rachel Spicer and James Pirrie about their approach to cases involving the Child Maintenance Service. Jurisdiction of the CMS 1) Geography: The parent with care and child must be based in the United Kingdom – as must (with some extensions) the non-resident parent 2) Age and stage: Broadly, the CMS has jurisdiction until the 31st of August in the year that the child completes their A-levels after A-levels, for those young people going on ...
Resolution Podcast #7 | Child support - In search of a simpler formula | w/ Rachel Spicer and James Pirrie
January 18, 2022 08:00 - 1 hour - 37 MBIn this episode, host Simon Blain talks to Rachel Spicer and James Pirrie about their approach to cases involving the Child Maintenance Service. Jurisdiction of the CMS 1) Geography: The parent with care and child must be based in the United Kingdom – as must (with some extensions) the non-resident parent 2) Age and stage: Broadly, the CMS has jurisdiction until the 31st of August in the year that the child completes their A-levels after A-levels, for those young people going on ...
Resolution Podcast #6 | The right thing to do | w/ Prof Jo Delahunty QC
October 25, 2021 07:00 - 50 minutes - 30.7 MBHosted by: Anita Mehta and Simon Blain. Guests: Prof Jo Delahunty QC They discuss her work promoting diversity in the legal profession, her thoughts on the Court of Appeal case of Re H-N and on dealing with cases of abuse within the legal profession. Further information and resources https://www.gresham.ac.uk/professors-and-speakers/professor-jo-delahunty-qc https://bridgingthebar.org https://www.speakersforschools.org More information More information on this Resolution pod...
Resolution Podcast #5 | Domestic Abuse Act 2021 - Once in a generation | w/ Cris McCurley and Pragna Patel
October 11, 2021 18:00 - 58 minutes - 32.5 MBHosted by: Simon Blain. Guests: Cris McCurley (Partner, Ben Hoare Bell) Pragna Patel (Southall Black Sisters and Women Against Fundamentalism) They discuss their hopes and concerns for the Domestic Abuse Act 2021 which received royal assent earlier this year. They also consider other developments such as the publication of the "Assessing Risk of Harm to Children and Parents in Private Law Children Cases" and the recent case of Re H-N. Further information and resources https:/...
Resolution Podcast #4 | Presumptively persuasive - pensions on divorce | w/ Paul Cobley, George Mathieson and Rhys Taylor
August 26, 2021 11:03 - 1 hour - 42.6 MBHosted by: Anita Mehta and Simon Blain. Guests: Paul Cobley (Oak Barn Financial Planning) George Mathieson (Mathieson Consulting) Rhys Taylor (The 36 Group) They discuss the work they are involved in to produce better guidance both for practitioners and the public on the issue of pensions on divorce. Further information and resources https://www.nuffieldfoundation.org/project/pensions-on-divorce-interdisciplinary-working-group https://www.nuffieldfoundation.org/sites/default...
Resolution Podcast #3 | Transparency - the very soul of justice | w/ Louise Tickle and Celia Kitzinger
July 05, 2021 16:54 - 50 minutes - 29.7 MBHosted by: Anita Mehta and Simon Blain. Guests: Louise Tickle (Journalist and committee member of The Transparency Project) Professor Celia Kitzinger (School of Law and Politics, Cardiff University and co-founder Open Justice Court of Protection Project) They discuss their work to ensure greater transparency in the operations of the Family Court and the Court of Protection. Further information and resources https://openjusticecourtofprotection.org/ https://www.transparencypr...
Resolution Podcast #2 | The case for cohabitation law reform | w/ Graeme Fraser, Jo Miles and Lucia Clark
April 28, 2021 07:00 - 1 hour - 36.4 MBHosted by: Anita Mehta and Simon Blain. Guests: Jo Miles (Reader in Family Law & Policy, Director of Studies and Fellow in Law, Trinity College, University of Cambridge) Lucia Clark (Partner, Morton Fraser LLP, Edinburgh) Graeme Fraser (Chair, Cohabitation Committee and Partner, OGR Stock Denton) They discuss the case for cohabitation law reform in the light of experiences north and south of the border. Further information and resources Cohabitation Agreements: https://res...
Resolution Podcast #1 | Brexit - A Pretty Catchy Title | w/ Pauline Fowler, Daniel Eames and Tim Amos QC
April 07, 2021 11:55 - 47 minutes - 31.9 MBHosted by: Anita Mehta and Simon Blain. Guests: Pauline Fowler (Chair, Resolution's Pensions Tax and Financial Remedy Committee), Daniel Eames (Chair, Resolution's International Committee) and Tim Amos QC about the key implications for family lawyers of Brexit. They discuss specifically: issues regarding divorce jurisdiction, forum and recognition now the UK has left the European Union. Further information Resolution's International Committee have recorded two webinar updates th...