Members of the 33 Bedford Row private family law team were delighted to contribute to the 'Financial Remedy Update Seminar' hosted by Buckles Solicitors on 16 May 2025.

Milad Shojaei delivered a focused talk on Conduct in Financial Remedy Proceedings, setting out the high threshold required under section 25(2)(g) of the Matrimonial Causes Act 1973.  He distinguished between personal misconduct, litigation misconduct, and financial dissipation, and warned against pleading conduct without clear financial impact or justification.  Milad discussed recent decisions including N v J [2024] and highlighted the two stage test for establishing conduct as set out in Tsvetkov v Khayrova [2023].  Milad also reminded us of the growing emphasis on proportionality and cost risk where conduct arguments are weak or exaggerated.

Martin Davis spoke on the current law governing cohabitation and property disputes under TOLATA 1996.  He reviewed key principles around constructive and resulting trusts, with reference to cases such as Stack v Dowden, Jones v Kernott, and Hudson v Hathaway.  Martin also discussed Schedule 1 of the Children Act 1989, its tactical use where TOLATA claims are weak, and the limitations of the current framework.  He concluded by exploring the government’s current consultation on reform, as well as the ethical and strategic considerations when advising cohabiting clients.

Sapna Shah provided an insightful overview of key developments in financial remedy law, including the Supreme Court appeal in Standish v Standish (2025) on the treatment of inter-spousal transfers and non-matrimonial assets.  She also addressed cost proportionality in DSD v MJW [2025] and ended with a brief discussion on the Law Commission’s 2024 scoping report, which proposes reform to improve fairness and coherence in financial remedy outcomes.

We extend our sincere thanks to Jane Cowley and her formidable team at Buckles Solicitors for inviting us to what was an engaging and stimulating afternoon. So well organised!  We look forward to future collaboration. Thank you again to you all.