The former lead judge of the Financial Remedy Court has called for a ‘rules-based system’ to determine financial remedies on divorce.
Mr Justice Mostyn spoke about judicial discretion at a meeting in parliament on financial remedies reform. The meeting was attended by Professor Nick Hopkins of the Law Commission, which is reviewing the laws governing finances on divorce, and an official from the Ministry of Justice.
Mostyn criticised the ‘appalling amount of costs’ routinely racked up in ‘middle money’ cases. ‘I suggest a system that allows grotesque levels of costs to be run up offends the key constitutional principle that justice should never have to be purchased’.
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