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A v M (No. 2) – Construing a Court Order After the Unforeseen Occurs
How should provisions of a court order that are in dispute be construed?
- Blog
- Consent Orders
!12/09/2024 08:00
They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg
In Stack v Dowden [2007] UKHL 17, at [49], Baroness Hale said that ‘[n]o-one now doubts that … an express declaration [of trust] is conclusive unless varied by subsequent agreement or affected by proprietary estoppel’. In Re Cynberg [2024] EWHC 2164 (Ch), James Pickering KC dismissed the appeal of two trustees in bankruptcy.
- Blog
- Stack
- Declarations of Trust
- Estoppel
- Trusts
!09/09/2024 14:54
The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case
Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are Rhys Taylor's tips for award writing.
- Blog
- arbitration
- NCDR
!05/09/2024 11:00
Absence of Authority?
In all the debate about ‘transparency’ of family proceedings, sight is almost invariably lost of the signal feature of a court case: it is among the more significant interactions in our polity between a citizen and an organ of the state. Secret dealings between state courts and private citizens are, as Lord Shaw said in Scott v Scott, an attack upon the very foundations of public and private security.
- Blog
- Transparency
- Publicity and Confidentiality
!01/09/2024 21:38
Help to Shape How Pensions on Divorce Reports Are Prepared
The Institute and Faculty of Actuaries (the IFoA) is looking for family lawyers to join a new working party looking at Pensions on Divorce.
- Blog
- Pensions on Divorce
!30/08/2024 08:40
Latest cases
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Rotenberg v Rotenberg & Ors [2024] EWFC 18515 July 2024
Peel J accepts the existence of the Thwaite jurisdiction. Where the landscape on the ground was very different from that which was envisaged at the time of the order an executory order could be reframed under the Thwaite jurisdiction. The jurisdiction should be used sparingly.
- Cases
- 'Thwaite Jurisdiction'
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VS v OP (Litigation Misconduct, Quasi-Inquisitorial Approach and Inferences) [2024] EWFC 190 (B)18 July 2024
Recorder Chandler KC’s final order was 67% to H and 33% to W, the non-compliant party, and an SPP order in W’s favour even though she did not attend, had not made full disclosure and adverse inferences had been made.
- Cases
- Disclosure
- Costs
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2024] EWFC 1602 July 2024
Peel J. The last instalment in the *Simon v Simon & Level* family court litigation. Level’s civil claim is yet to be determined. Peel J found that the family court cannot make a distributive order upon application of an intervenor to require one party to pay the other party such sum as the third-party intervenor says it is entitled to.
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
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Gudmundsson v Lin [2024] EWHC 1576 (Fam)21 June 2024
Peel J does his best to put into practice the intention of the original financial remedies order, despite H depriving W of 50% of the FMH by not informing the court that there was a bankruptcy order.
- Cases
- Bankruptcy
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Brown v Brown [2024] EWFC 181 (B)26 April 2024
DJ Dodsworth. A useful insight to a district judge level approach to contempt proceedings in financial remedies. H’s failure to file a Form E and CETV for pension.
- Cases
- Committal Applications and Judgment Summonses
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