Conduct in Financial Remedy Proceedings - A Guide to the Court’s Approach

Introduction

This webinar will look at the court’s approach to both litigation misconduct and conduct in financial remedy proceedings, under s25(g) of the Matrimonial Causes Act 1973. It will consider how the former differs from the latter, and the potential consequences arising from both types of conduct.

The case of OG v AG will be considered, in which Mostyn J identified the four different types of conduct, as he saw them, and the presenters will analyse these specific areas in detail, drawing on their experience of cases they have dealt with in practice. The cases of Crowther v Crowther and Tsvetkov v Khayrova [2023] will also be considered, in which Mostyn’s approach was adopted.

This webinar will also look at the issue of costs and how these are impacted in cases where litigation misconduct is found, and some procedural guidance and practical tips will be provided in respect of pleading conduct in practice.

What You Will Learn

This webinar will cover the following:

• Types of conduct - Mostyn’s Approach in OG v AG
• Personal misconduct
• Wanton and reckless dissipation leading to add back
• Litigation misconduct
• Non- disclosure
• Cost consequences
• Procedural guidance for pleading conduct

This webinar was recorded on 16th September 2024

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