NI High Court judgment acknowledges impact of coercive control in financial proceedings

We are delighted that Partner, Olivia Piercy, has been quoted on the topic of coercive and controlling behaviour, in a judgment of the High Court in Northern Ireland.

The article ‘Is it Time to Consign the ‘Gasp’ Factor to the History Books?’ which was co-authored by Olivia and Anita Mehta of 4PB, and published in the Financial Remedies Journal on 18 October 2023, has been quoted in a judgement handed down in the case of G v G [2024] NIMaster 5, on 9 April 2024 by Master Bell.

The judgment concerned a case in which issues of financial and coercive control were central to the outcome of a needs-based financial remedy assessment. Master Bell’s judgment quoted from Olivia and Anita’s article, as follows:

‘[91] Not least, this will be because of the almost invariable impact of trauma on the ability of a party to engage in financially remunerative work in the short to medium term. As Olivia Piercy and Anita Mehta argue in their article ‘Is it Time to Consign the ‘Gasp’ Factor to the History Books?’ (Financial Remedies Journal, 18 October 2023):

“Coercive and controlling behaviour can erode self-esteem, mental and physical health, isolate victim-survivors from their support network and cause them to lose opportunities, skills, confidence and their professional network or the chance to build one. The financial impact of coercive control can be profound and undeniable, yet unquantifiable, and difficult to isolate”.

‘Such consequences must inevitably feed into needs-based assessments by the courts’.

Master Bell’s judgment, and its recognition of Olivia and Anita’s article, represents a vital step forward in raising awareness of the seriousness of economic abuse and coercive control in family law proceedings.

Additionally, it highlights the hugely important work of practitioners like Olivia and Anita in challenging the judicial approach towards these issues and creating a platform for a constructive and thoughtful dialogue about the way domestic abuse is addressed in financial proceedings.

Olivia and Anita’s article can be read in full here: Financial Remedies Journal: Is It Time to Consign the ‘Gasp’ Factor to the History Books?