Jennifer Lee’s article ‘Impact of Conduct on Needs’ published in the Financial Remedies Journal (Issue 2 – Summer 2024)

Jennifer Lee and Nicholas Allen KC’s article, ‘Impact of Conduct on Needs’, has been published in the latest edition of The Financial Remedies Journal (Issue 2 – Summer 2024).

Introduction

In this article, Jennifer and Nick (29 Bedford Row) explore the issue of ‘conduct’ and the tricky interplay with ‘needs’.

Under s.25(2)(g) of the MCA 1973, the court is required to have regard to the ‘conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it’. Where assets exceed the needs of the family, taking such conduct into account poses no real problem. However, can an order be made to reflect that conduct if the financial effect of doing so impacts on a needs-based award. What if those needs are intertwined with those of minor children?

This article seeks to explore these questions. In doing so, the authors consider a number of authorities at first instance and at appellate level, as well as the costs provisions in the FPR 2010, in particular FPR PD 28A and FPR 28.3(7)(f), which require the court to consider ‘the financial effect on the parties of any costs order’.

To read the full article, please click here.