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The ES2 – Amendments
The new asset schedule in the form of the ES2 Excel spreadsheet has helped focus practitioners’ minds, and save time at court, since its introduction in January 2022. However, there have been some minor glitches which could benefit from the odd tweak. Wit…
- Blog
- Asset Schedules
!11/05/2022 09:00
Vulnerable Witness Training – Not Just For Children Practitioners
Within the Family Court there is a growing understanding of the importance of ensuring that the court process is adapted for those that are vulnerable. The effects of this evolution in professional focus have perhaps been most keenly felt in children case…
- Blog
- Evidence
- Witnesses
!06/05/2022 11:01
Hudson v Hathway [2022] EWHC 631 (QB)
Before I sat down to read Hudson v Hathway [2022] EWHC 631 (QB) and write this blog, I was primed ready to come up with a flashy introductory sentence. Something along the lines of, “once in a generation something so monumental happens in the Law of…
- Blog
- Trusts
!04/05/2022 13:30
Time Out: Abide By the Rules – or Else! Analysis of WC v HC [2022] EWFC 22 (Peel J)
IntroductionWhen the former President announced a number of years ago the ambition of creating a Financial Remedies Court, it was clearly stated that the intention was to produce a modern and efficient justice system. At the same time, there was a warning…
- Blog
- Efficient Conduct
!22/04/2022 09:00
Will ADR Be the Only Way in the Future to Avoid Publication of Financial Remedy Cases?
As I was reading through the judgment of Collardeau-Fuchs v Fuchs [2022] EWFC 6, which dealt solely with the issue of maintenance pending suit, I noted that the parties have agreed to attend a private FDR to attempt to agree the outstanding financial clai…
- Blog
- Alternative Dispute Resolution
!04/04/2022 07:00
Latest cases
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Fattal v Fattal [2022] EHWC 950 (Ch)
Deputy Master Hansen.The claimant bought a property in 1972. In 1990 he transferred it to his brother, the defendant, in the mistaken belief that the latter had paid him £400,000. Although the brothers lived there together, the judge found no common inten…
- Cases
- TOLATA Claims
!22/04/2022 13:21
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Lockwood v Greenbaum [2022] EWHC 845 (Fam)
Moor J.W applied for permission in this jurisdiction to bring an application pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 (‘1984 Act’) for financial provision following a divorce in New Zealand. Permission was refused at first i…
- Cases
- Overseas Divorce and the 1984 Act
- Appeals
!13/04/2022 09:00
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Xanthopoulos v Rakshina [2022] EWFC 30
Mostyn J.Comprehensive survey of law on anonymisation of judgments; [74]–[142]. Correct question is 'Why is it in the public interest that the parties should be anonymous?' rather than 'Why is it in the public interest that the parties should be named?'…
- Cases
- Publicity and Confidentiality
- Legal Services Payment Orders
- Overseas Divorce and the 1984 Act
- Costs
- Release from Undertakings
!12/04/2022 09:00
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Enal v Singh & Ors (Trinidad and Tobago) [2022] UKPC 13
Lords Briggs, Kitchin and Hamblen, Lady Rose, and Sir Nicholas Patten.On appeal to the Privy Council from the CA of Trinidad and Tobago. Mr Maharaj, the father of R and S, paid for a parcel of commercial properties which he placed in the name of R and S u…
- Cases
- Presumption of Advancement
- Undue Influence
- TOLATA Claims
- Role of Appellate Court
- Appeals
- Resulting Trusts
!11/04/2022 09:00
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Ali v Khatib & Ors [2022] EWCA Civ 481
Asplin, Stuart-Smith and Andrews LJJ.Multigenerational family home. Mrs Bibi lived in her home with one of her sons and his family (the respondents) and in a 2003 will left the home to them. Some years after her death, this will was successfully challenge…
- Cases
- TOLATA Claims
- Occupation Rent
!08/04/2022 09:00
