Financial Remedies Journal - 2023 Issue 3 | Winter
Issue 3 - Winter is now available to download.
Latest blog posts
Dickson v Rennie: Right or Wrong
Can the court determine it has jurisdiction to order child maintenance even when there isn't a maximum CMS assessment in force?
- Child Maintenance
Two Important Cases in One Day: Churchill v Merthyr Tydfil and TUI v Griffiths
As the old saying goes, you wait ages for a London bus; then two arrive at once: Griffiths & Churchill.
- Out of Court Dispute Resolution Options
Xanthopoulos v Rakshina: LSPOs – Twelfth Time a Charm?
Where one party asserts that the court has no jurisdiction to bring a particular application, a court can make an order for interim maintenance and/or a costs allowance (whether under statute or common law). The same principles apply where the claim for substantive relief appears doubtful.
Cohabitation and Labour's Commitment to Changing the Law: What Reform Might Look Like
This post reflects on what reform of the law on cohabitation might look like. Drawing upon insights from comparative family law, it explores and contrasts two different models of cohabitation reform and will highlight how they have been received in practice.
Where Property, Insolvency and Estate Administration Law Collide
A hearing last week raised some interesting and unusual points of property, insolvency and estate administration law. Since it is unlikely to be reported, being an extempore judgment from a Deputy Master, it is shared here.
Steels v Steels  EWHC 2985 (Ch)21 November 2023
Fancourt J as Vice-Chancellor of the County Palatine of Lancaster. Mother's successful appeal against the finding that her son had a beneficial interest in her home arising from proprietary estoppel.
- Proprietary Estoppel
- Detrimental Reliance
Y v Z  EWFC 20526 October 2023
HHJ Hess. H and W divorced in 2013 following a 14-year marriage. H had maintained a successful career working in business finance.
- Litigation Friend
- Variation Applications
A Wife v A Husband  EWFC 2009 November 2023
HHJ Willans. Financial remedy application involving a single issue, namely, what were W’s housing needs and how should those needs be funded.
- Children Act 1989 Schedule 1 Applications
AZ v BZ (Financial Remedies Appeal)  EWFC B8622 May 2022
HHJ Vincent. Appeal by H of a financial remedy order where on a clean break basis the assets were divided 99/1 in favour of W.
- Setting Aside Orders (Including Barder Applications)
- Personal Injury Awards
TRNS v TRNK  EWFC 13310 August 2023
Cohen J. W not held to PNA due to material non-disclosure by H in not updating disclosure which he knew/believed to be out of date.