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Cryptoasset Fraud and Recovery - Disclosure and Constructive Trusteeship Through Knowledge / Assistance: The (Financial) Empire Strikes Back
Since HHJ Pelling KC was persuaded to make, amongst other orders, without notice Bankers Trust Orders against two Binance entities in 2021 requiring them to disclose their Know Your Customer details of those alleged to have committed a fraud against the Claimant, there have been many subsequent applications for similar orders against cryptoasset exchanges brought by those who have suffered fraudulent deprivation of their assets.
- Blog
- Crypto
!31/05/2023 10:57
James v Seymour: The Calculator
As helpfully summarised by Calum Smith on the FRJ website Mostyn J’s judgment in James v Seymour [2023] EWHC 844 (Fam) 675 included a renewed attempt to tackle how Child Maintenance should be calculated, effectively refining the methodology first se…
- Blog
- Child Maintenance
!29/05/2023 08:00
Pensions on Divorce – Standard Family Order Template
This article relates to the publication of the new pension sharing order (PSO) template at paragraph number 95 in the Standard Family Orders suite.
- Blog
- Pensions on Divorce
!17/05/2023 16:22
How Private FDRs Can Be Improved
As family lawyers, we are good at some things; less so at others. Our strong suit is thinking creatively and holistically in finding a solution to any given case. We are comfortable with the concept of discretion; or at least we become so after a few years' experience of how the courts actually deal with financial remedy claims.
- Blog
- Private FDR
!12/05/2023 22:44
Child Maintenance Top-Ups – an Update Following James v Seymour [2023] EWHC 844 (Fam)
The quantum of child maintenance is an area of considerable contention, particularly in the context that there are now around 629,000 taxpayers earning more than £150,000. This is a 2.3 times increase since the statutory ceiling was introduced some 10 years ago.
- Blog
- Top-Ups
- Child Maintenance
!06/05/2023 15:27
Latest cases
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Hasan v Ul-Hasan (Deceased) & Anor [2021] EWHC 1791 (Fam)2 July 2021
Mostyn J. Does an unadjudicated claim by a wife under Part III Matrimonial and Family Proceedings Act 1984 survive the death of the husband and thus be continued against his estate? This is the first instance judgment including certification to appeal dir…
- Cases
- Overseas Divorce and the 1984 Act
- Maintenance as a Cause of Action
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Rose v Rose & Ors [2022] EWFC 19225 November 2022
His Honour Judge Booth (sitting as a Judge of the High Court pursuant to s 9 SCA 1981).How should the court ‘deal with a respondent husband who has been dishonest throughout, has failed to comply with court orders, has failed to provide relevant fin…
- Cases
- Variation of Settlements
- Trusts
- Conduct
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Joanne Lewis v Cunningtons Solicitors [2023] EWHC 822 (KB)31 March 2023
HHJ Coe KC. Successful negligence claim in relation to pensions advice on divorce.The Claimant, after receiving some advice from the Defendants, but in the absence of full disclosure, entered into direct discussions with her husband and then instructed th…
- Cases
- Professional Negligence
- Pensions on Divorce
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James v Seymour [2023] EWHC 844 (Fam)19 April 2023
Mostyn J. An appeal concerning the correct approach to the calculation of child maintenance liability in which Mostyn J adds to the ever-expanding repository of family law acronyms.The mother ('M') and father ('F') had married in 2010, but separated in 20…
- Cases
- Publicity and Confidentiality
- Children Act 1989 Schedule 1 Applications
- Child Maintenance
- Child Support
- Variation Applications
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Cummings v Fawn [2023] EWHC 830 (Fam)14 April 2023
Mostyn J. Judgment on W’s appeal. W sought to argue that an agreement reached (and upheld by the court) should be negated or vitiated by undue influence or other oppressive conduct by the H, in addition to a number of grounds of appeal, including H&…
- Cases
- Consent Orders
- Costs
- Setting Aside Orders (Including Barder Applications)
- Appeals
- Disclosure
