FLiP Featured in Family Law Journal

The September 2022 edition of the Family Law Journal features an article by FLiP Director Mariko Wilson and Practice Development Lawyer Victoria Nottage on the appointment of Peel J to the Financial Remedies Court.

In the article “Financial Remedies Court: What Can We Expect Under Peel J?” Mariko and Vicky look at the recent judgments of Mr Justice Peel to see if there are any clues about what we can expect from his four-year tenure.

Mariko and Victoria conclude that Peel J’s recent judgments demonstrate a central commitment to the principles of transparency and efficiency that date back to the time that the FRC was conceived.  The well-reasoned, succinct analysis of the law together with its clear application is certainly a ‘gift’ to practitioners who can be confident that in his leadership the FRC is in good hands.

Although there is much to feel positive above, the start of Peel J’s tenure also coincides with some considerable challenges for financial remedies practice.  Whilst the introduction of the online court portal has been a great success and is likely to be mandated for financial remedies in the Autumn, the growing movement towards digital innovation will no doubt bring its own challenges to the next four years. There are also serious concerns over the costs of represented litigation.

In Peel J’s straightforward, principled approach he manages to include an appropriate level of sensitivity to the parties’ circumstances, with clear elucidation of the law, firm guidance on the expectation of adherence to rules and promotion of negotiations with costs consequences in their absence.  These together embody not only the foundational principles of the FRC but more generally the fairness that is at the heart of the s.25 exercise under the Matrimonial Causes Act 1973.

Mariko and Victoria conclude by saying that looking at the situation as a whole, the tenure of Mr Justice Peel offers much to be positive about.

Mariko Wilson is a Director at Family Law in Partnership. She handles all aspects of private family law and has a broad range of experience, frequently acting for high net worth individuals in financial relief and divorce proceedings as well as acting in children matters. View Mariko’s website profile here.

Victoria Nottage is a Practice Development Lawyer at Family Law in Partnership. She is responsible for knowledge management and professional development at Family Law in Partnership. View Victoria’s website profile here.

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