Ben Phillips

Family law barrister, often found playing the piano at parties.

[A Cambridge Diary @acambridgediary]

16th December 2024
For a while, the sun came out today.

[Family Law News @familylaw]

HKW v CRH [2024] EWFC 358 (B) (04 December 2024):
Final hearing of W's financial remedies application, issues including duration of relationship, what were matrimonial assets, & H's conduct. Held, no reason for departure from equality, and W awarded costs. https://t.co/ZVwwtd1cpa

[Family Law News @familylaw]

PP v JP & Ors [2024] EWHC 1697 (Fam) (02 July 2024):
Appeal by father against refusal of application that children live with him. Appeal allowed. https://t.co/PzMJUOzbVL

[Financial Remedies Journal @fr_journal]

The PAG2 report is now published and available free to access on the @NuffieldFound website.

https://t.co/FkCg6GL0je

[Ben Phillips @BenPhillipsBar]

Women losing out as couples try to divorce ‘on the cheap’ // Financial security of women in England and Wales put at risk by failure to seek professional advice.
https://t.co/63i0GhOvUZ

[Fenners Chambers @fennerschambers]

Just two weeks until our webinar on the Instruction of Experts in Family Cases, which takes place on the 19th of January, from 4:30- 6pm, equating to 1.5 CPD points!

To register for your place, please use the following link:
https://t.co/wAer3FesPq

[Ben Phillips @BenPhillipsBar]

Best to note consideration of FPR Part 3A, PD 3AA and/or PD 12J as a recital on face of order.

[Ben Phillips @BenPhillipsBar]

GK v PR [2021] EWFC 106 (14 December 2021):
Successful appeal of a fact-finding hearing in private law proceedings. A handy reminder that r 3A imposes a duty on the court to consider special measures even if no one asks for them.
https://t.co/egVIacxEH5

[Ben Phillips @BenPhillipsBar]

CM v IP [2022] EWHC 2755 (Fam) (2 August 2022)
Another successful appeal in private law proceedings noting the court and the advocates had not considered special measures. Always an important consideration at every stage, particularly PTR.
https://t.co/TjtMLkhNzE

[Ben Phillips @BenPhillipsBar]

Thanks to all those who said kind things to secure me a place in the UK Bar 2023 edition of Chambers and Partners (@ChambersGuides). Always a pleasure to be in the good company of @jodiedrum too. @fennerschambers https://t.co/fulA2dX6kk #familylaw

[Ben Phillips @BenPhillipsBar]

🏡guidelines on how pension schemes should treat surviving cohabitants;
🏡 revision of inheritance tax regime so it is the same for cohabiting partners as it is for married couples and civil partners. 3/3

[Ben Phillips @BenPhillipsBar]

The Women and Equalities Committee has published its Rights of Cohabiting Partners Inquiry Report, available here: https://t.co/4cVoR6cwpe. There were 3.6 million cohabiting couples in the UK in 2021 #TOLATA 1/3

[Ben Phillips @BenPhillipsBar]

The Report recommends:
🏡the govt should legislate for an opt-out cohabitation scheme, as proposed by the Law Commission in 2007;
🏡a public information campaign re rights and risks of cohabitant vs spouse; 2/3

[Fenners Chambers @fennerschambers]

On the 7.07 at 4:30pm, we will be hosting our next webinar with LFJB.

Our panel of expert barristers will be sharing their knowledge and insight around ‘Supporting Families Locally”.

Please follow this link to register your attendance: https://t.co/yDpAVePT02

[Fenners Chambers @fennerschambers]

Fenners Chambers is ranked as the top-rated chambers in the East of England by The Legal 500, providing expertise and advocacy across a wide range of criminal, civil and family matters. https://t.co/0VoKXKszoH
#chambers #thelegal500

[Ben Phillips @BenPhillipsBar]

"It may be that there is one substantive live application but that a person’s conduct overall is such that an order made under s91(14) is merited."

[Ben Phillips @BenPhillipsBar]

Re A: Court of Appeal judgment considers role of s.91(14) orders, in the context of 'a torrent of emails' and clarity that such orders are not just limited to cases of repeated and unreasonable *applications*.

https://t.co/I4F8FTDMZr

[Ben Phillips @BenPhillipsBar]

"The phrase ‘weapon of last resort’ ... has led to an understandable, but perhaps misplaced, reluctance for judges to make orders under s91(14), save for the most egregious cases of which, on the facts as found by the judge, this is one."

[Ben Phillips @BenPhillipsBar]

- The court and professionals need to better involve children and communicate with them about the process, *but* with clear boundaries about their participation. [3/3]


https://t.co/wVRLUTOoaQ

[Ben Phillips @BenPhillipsBar]

The NFJO has published its report, 'Children's experiences of private law proceedings'. Key points include:

- Many children want a greater role in decision making, but without feeling responsible for the final outcome in proceedings.

https://t.co/wVRLUTOoaQ

[Ben Phillips @BenPhillipsBar]

- Children are actively - not passively - involved in their parents' separation and court proceedings. Children's experiences of being left out of decision making can increase anxiety and upset. [2/3]

https://t.co/wVRLUTOoaQ