Simon Gore Consulting Ltd
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March/April Finance Case Update
BC v BG  EWFC 7: A case where the Court had to determine whether or not an arbitrated outcome should be upheld by the Family Court. We will also look at the issues that this case raises in relation to the future of arbitration within financial remedy disputes.
Continuing the exploration of the finality/ binding nature of ADR processes, we will also look at AR v JR  EWHC 3626 where the Court considered a strike out application made on the basis of a prior compromise having been reached within judicial separation proceedings.
Trusts have remained a hot topic in recent months with Daga v Bangur  EWFC 91 being the latest instalment to arrive and highlighting the perils of seeking an award from a discretionary trust.
Important guidance on the procedure for summarily assessing costs was given in Lemmens v Barbara  EWCA Civ 2963.
Finally, in Cowan v Foreman  EWHC 263, Mostyn J has given guidance on the approach that should be taken by the Court when considering whether or not to extend the 6 month time limit for claims under s2 of the I(PFD)A 1975.
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