Thwaite – The Jury Remains Out
[2026] 2 FRJ 99. Does the Thwaite jurisdiction still exist? If it does, what is its appropriate scope? The Court of Appeal will be required to decide.
Nicholas Allen KC (29 Bedford Row)
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The Fact a Without Prejudice Offer Has Been Made: Admissible or Privileged from Disclosure?
It is trite law to state that the contents of without prejudice negotiations cannot be referred to openly. But what about the fact that such negotiations have taken place? Perhaps surprisingly this question does not have a straightforward answer.
The Curious Case of CA 1989 Schedule 1 paragraph 2(3)
Paragraph 1 of CA 1989 Schedule 1 is headed ‘Orders for financial relief against parents’. Paragraph 2 is headed ‘Orders for financial relief for persons over eighteen’. As recent cases have demonstrated this structure causes complications.
FRJ – ‘Well, He (or She) Didn’t Ask!’ – the Impact of Non-Disclosure When the Question Isn’t Asked
Is it a shield to non-disclosure by one party during financial remedy proceedings if the other party could (and perhaps should) have asked? The duty on parties to give full and frank financial disclosure is not merely a private obligation between them; it is a duty to the court.
Housing Particulars: Mind The Gap
What can the court do when there's a significant gap between the bottom of the applicant’s range and the top of the respondent’s range? Can the court take up the invitation made by counsel to ‘conduct its own research on Rightmove if it wishes’?
Interview with David Salter
Nicholas Allen KC and Ellie Foster interview David Salter, beginning with how he came to study law at university.
OS v DT and Post-Separation Income: Fairness Trumps Inflexibility
In ‘Post-Separation Income: Has Rossi Survived Waggott and Standish?’ (5 February 2025), Nicholas Allen KC considered the potential impact of Waggott v Waggott [2018] 2 FLR 406 on the argument that income (or the assets or capital generated therefrom) earned in or referable to the first 12 months post-separation should