The Family Law Pod from St John’s Chambers

Case law update #3 – pFDR privilege and adverse inference


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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:

  • GH v GH [2024] EWHC 2547 (Fam)
  • AS v CS [2021] EWFC 34
  • BC v BC [2025] EWFC 236
  • TYB v CAR (Non-disclosure) (No 2) [2025] EWFC 263 (B)
  • Monisha Mahtani v Vivek Hariram Mahtani Neutral Citation Number: [2025] EWFC 35
  • VTY v GDB Neutral Citation Number [2025] EWFC 110 (B)
  • ...more
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