Chair’s Column (Spring 2026)
[2026] 1 FRJ 1. HHJ Edward Hess says farewell to Sir James Munby: 'the most inspirational figure I have come across in my legal and judicial career'.
Journal
Sir James Munby: an Obituary
[2026] 1 FRJ 2. Sir Nicholas Mostyn writes about the life of Sir James Munby, who died on 1 January 2026: "a great leader, a brilliant historian, a remarkable lawyer, and a superb writer".
Section 35: Dead Letter or Living Instrument? The Contractual Status of Agreements, and the Scope of the Court’s Power to Vary Them
[2026] 1 FRJ 5. This article reviews the legal status of agreements made between spouses, including their enforceability as actionable contracts, and the importance of the powers the courts have to vary or revoke such agreements.
Delaying Departure? Domicile in Divorce Cases
[2026] 1 FRJ 16. In Ramana v Kist Ramana [2025] EWCA Civ 1022, [2025] 4 WLR 120 the Court of Appeal was concerned with the question of how a domicile of choice may be lost. This article explores the arguments made at the hearing, the court’s decision and reasoning, and the likely implications.
The Lesser Known ‘Acquisition Constructive Trust’ after Khan v Khan [2025] EWCA Civ 1436 and Why Financial Remedy Lawyers Need to Know About It
[2026] 1 FRJ 19. When thinking of constructive trusts, most financial remedy lawyers will have in mind the common intention constructive trust. However, this is not the only type of constructive trust. The newly christened ‘acquisition constructive trust’ is one with which to become familiar.
Transactions Defrauding Creditors: Recent Cases
[2026] 1 FRJ 23. This article examines the nature of the Insolvency Act 1986 s 423 jurisdiction, its parameters and its practical application, as seen in the judgment of Harrison J in the Schedule 1 case of Re P (A Child) (Financial Provision: s 423 Insolvency Act 1986) [2025] EWHC 1460 (Fam).
Piercing Trust Structures in Switzerland in Aid of Financial Claims in England
[2026] 1 FRJ 26. Swiss courts possess domestic tools to pierce through foreign trust structures and make orders in respect of their underlying assets. This article examines what those tools are and how they may be deployed in aid of financial remedies proceedings in England.