Cross-courted: the jurisdictional limits of the FR court in respect of business and property matters

Seth Kitson, Trinity Chambers

This article examines the jurisdictional limits of the Financial Remedies Court (FRC) in determining ‘third party’ or ‘intervenor’ disputes.

The FRC is a statutory court and it lacks primary jurisdiction over (inter alia) Trusts of Land and Appointment of Trustees Act 1996, partnership actions, and other equitable claims. Notwithstandingt these limits, the Court of Appeal’s judgment in Tebbutt v Haynes provides a oft-cited, but often under-analysed route to determine certain third party issues.

The Tebbut jurisdiciton allows the FRC to determine third-party beneficial ownership if it is necessary for the court to exercise its power to make a property adjustment order under section 24 of the Matrimonial Causes Act 1973. The article explores the limits of this jurisprudence, the importance of understanding the doctrine of issue estoppel and highlights cases in which it will often inappropriate to add third parties as intervenors to proceedings. 

Read the full article here.