Case Law Update # 7 : Kanabar v Kanabar and McGregor v Smith. Helpful cases on the death of a party and the misuse of the portal.
The Family Law Pod from St John’s ChambersShow Notes
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors. In this episode, Jacqueline Humphreys presents the unusual case of Kanabar v Kanabar [2026] EWCA Civ 582 and highlights some helpful points for practice arising from the death of a party and third-party claims over property. Vivien Croly, looks at the case of McGregor v Smith (Domicile - Misuse of divorce portal) [2026] EWFC 128 (B) and considers issues in relation to the procurement of a divorce via misuse of the online portal, and what the court takes into account in respect of determining domicile and jurisdiction. The two cases share a common theme: how some apparently arcane procedural detail can have a very significant real-world impact.
Case Citations Stack v Dowden [2007] UKHL 17 Unger v Ul-Hanson (deceased) [2023] UKSC 22 Barder v Caluori [1988] AC 20 Re Amirteymour [1979] WLR 63 Piggott v Aulton (deceased) [2003] EWCA Civ 23 Gourisaria v Gourisaria [2010] EWCA Civ 1019 McGregor v Smith (Domicile - Misuse of divorce portal) [2026] EWFC 128 (B) Raman v Kist-Ramana [2025] EWCA Civ 102
More from The Family Law Pod from St John’s Chambers
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors. Episode 18: Case Law Update #5 - approach to DA allegations and the deeming of threshold In this episode, Kate Pearson takes us through the detail of a recent case which considered the relevance of domestic abuse allegations when they are not considered as a ‘bar to contact’, and Chelsea Bartlett considers the case which spurred on the recent change to the Standard Family Orders and the ‘deeming of threshold’ provision. Case citations: Re D (Threshold Findings and Final Orders at the IRH) [2025] EWCA Civ 1362 GI v K [2026] EWHC 480 (Fam)
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors. Episode 17: Non-court dispute resolution in financial remedies proceedings In this episode Georgina Swinglehurst and Jenny Wilson discuss changes to the Family Procedure Rules relating to NCDR and the court’s expectations regarding parties’ use of NCDR. They also consider a range of NCDR options including tips and insights in relation to Private FDRs, Arbitrations and round table meetings.
New Family Law Pod from St John's Chambers Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors. Episode 16: Case law update #4 – Parties to discharge of SGO and approach to fact-finding decisions In this episode, Chelsea Bartlett discusses a short and sweet judgment concerning the automatic and appropriate parties on an application to discharge a Special Guardianship Order. Sophie Smith-Holland takes us through the detail of a recent case which revisits the appropriate decision-making process and approach to be taken when determining whether or not a Fact-Finding Hearing is necessary and proportionate. The full citations for the cases discussed are: A Child (Discharge of SGO: local authority party status) [2025] EWFC 305 (B) Re B (a child) [2020] EWCA Civ 1673 ER v NT (Need for fact-finding hearing) [2025] EWHC 2146 (Fam) Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448 K and K [2022] EWCA Civ 468 Guidance concerning fact finding hearings and domestic abuse in Private Law children proceedings TRC v NS [2024] EWHC 80
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors. Episode 14: Case law update #3 – pFDR privilege and adverse inferences Welcome back for another episode in our Case Law Update series! In this episode, Chelsea and Sophie, of our Family Law team, discuss two recent Financial Remedy cases which consider the importance of FDR/pFDR privilege, and the need to sufficiently evidence an asserted change in financial circumstances and the risk of the Court drawing adverse inferences if a party is unable to do so. The full citations for the cases discussed are: