Polly Morgan | Case Editor

Polly Morgan | Case Editor

Polly Morgan is the sole author of the textbook Morgan's Family Law (2nd edn, Oxford University Press 2024) as well as the author of a number of Law...

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RL v NL [2023] EWFC 75

Judgment date: 09 May 2023 https://www.bailii.org/ew/cases/EWFC/HCJ/2023/75.html HHJ Madeleine Reardon KC. Striking out of Husband’s application to set aside a financial remedy order made in 1995. The FR order provided that H was to transfer his interest in FMH to

Financial Remedies Case Round-Up (Mid-January to mid-April 2023)

Financial Remedies Case Round-Up (Mid-January to mid-April 2023)

When Australian legislators introduced a statutory presumption that both parents should have a meaningful relationship with their child, applications to Australian family courts increased as parties thought their cases were the exceptions to the presumption. Sometimes, therefore, introducing greater certainty does not reduce litigation, but has the opposite effect. Given

Hasan v Ul-Hasan (Deceased) & Anor [2021] EWHC 1791 (Fam)

Judgment date: 02 July 2021 https://www.bailii.org/ew/cases/EWHC/Fam/2021/1791.html 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

Joanne Lewis v Cunningtons Solicitors [2023] EWHC 822 (KB)

Judgment date: 31 March 2023 https://www.bailii.org/ew/cases/EWHC/KB/2023/822.html 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

Tousi v Gayukova [2023] EWHC 404 (Fam)

Judgment date: 27 February 2023 https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/404 Mostyn J. Does the court have jurisdiction to transfer a (housing association) tenancy between the parties to an invalid marriage? Do the consequences of invalidity fall to be determined under the law of the country of

NO v PQ [2023] EWFC 36

Judgment date: 23 February 2023 https://caselaw.nationalarchives.gov.uk/ewfc/2023/36 Mr Recorder Rhys Taylor. Agreement between the parties upheld notwithstanding H’s predicament of real need – ‘an unusual outcome … but justified as the only fair one on the facts’; [8]. W aged 60 and H aged 58,

Dignam-Thomas and Bebbington v McCourt and Another (Inheritance Act 1975) [2023] EWHC 546 (Fam)

Judgment date: 14 March 2023 https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/546 Theis J. Application by two sisters in parlous financial and physical health for reasonable financial provision from their father’s estate, the estate having been left to their brother. Application was limited by 1975 Act to