Financial Remedies Practice – 2022/23
Mr Justice Mostyn, Lewis Marks QC, Gavin Smith, Joshua Viney, Henrietta Boyle
£125, Class Legal
The 11th addition of this leading family law textbook is well timed. Although the preface concludes that the law is as stated at 1 December 2021, the book includes commentary and guidance on the 2022 FRC Efficiency Statement and the FRC Primary Principles, which are two of the most important documents published since the creation of the Financial Remedies Court.
The book principally follows the Family Procedure Rules 2010, chapter by chapter, with commentary and guidance upon each part of the FPR which applies to financial remedies proceedings. Those parts of the rules which do not cover financial remedies work are excluded. In addition, the book does not provide guidance on the law in the Matrimonial Causes Act 1973. It deals squarely and solely with procedure.
The exceptions to the format following the FPR 2010 part by part are the two introductory chapters: one is described as a commentary on the Financial Remedies Court and the second is a commentary on Covid. The first of the two chapters is essential reading for any financial remedies practitioner. This provides an excellent and comprehensive overview of recent developments and the present state of play in the Financial Remedies Court.
Arguably, the key chapter for any financial remedies practitioner is the one on Part 9 which governs applications for financial remedy. Although the chapter itself is relatively short, it neatly weaves together in a chronological fashion the financial remedy process, with appropriate references to the Primary Principles and the Efficiency Statement, as well as such useful documents as the best practice guide for FDRs.
The only minor criticism of the book is its index, which could be more detailed. By way of example, there is no single entry for the new Efficiency Statement. That minor complaint aside, this is undoubtedly the most comprehensive guide to financial remedies procedure.
Andrew Newbury is a partner at Hall Brown Family Law, Manchester