Talking Family Law - The Resolution Podcast

In 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-to-the-hong-kong-family-law-association/

In the context of the discussion, Joe talks about the decision of HHJ Hess in SC - and -TC  [2022] EWFC 67 in respect of a pre-nup:
https://caselaw.nationalarchives.gov.uk/ewfc/2022/67

We also discuss the ability of the respondent to put in a written response to an appeal, pursuant to:
Jolly v Jay & Anor [2002] EWCA Civ 277 (7th March, 2002)
https://www.bailii.org/ew/cases/EWCA/Civ/2002/277.html
 
Chris mentions that the current case law in respect of costs on appeal in Children Act cases is contained in Re S [2015] UKSC 20 and Re T [2012] UKSC 36
https://www.bailii.org/uk/cases/UKSC/2015/20.html
https://www.bailii.org/uk/cases/UKSC/2012/36.html

Plus we cover when to file a notice of appeal, caulderbanks, when to participate in the permission stage, costs, and procedural issues. 

If you have an appeal, or a potential appeal on your desk, this is a really helpful episode.

What is Talking Family Law - The Resolution Podcast?

Guests 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.