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

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

A spate of proprietary estoppel cases In the previous issue, I wrote about the increasing number of reported nuptial agreement cases. In the time period covered by this issue, the tendency has been towards proprietary estoppel cases. Certainly, published judgments can appear rather like buses, several at once and then

Renée v Galbraith-Marten [2023] EWFC 141

Judgment date: 22 August 2023 https://caselaw.nationalarchives.gov.uk/ewfc/2023/141 Cobb J. Effect of James v Seymour [2023] EWHC 844 (Fam) – summary here – on top-up child maintenance previously agreed in Sch 1 proceedings. A long-running case, in which there is are previous reported judgments at [2016] EWHC

AP v BP & Ors (financial remedies – appeal – disclosure – privilege) [2023] EWFC 169

Judgment date: 09 March 2023 https://caselaw.nationalarchives.gov.uk/ewfc/2023/169 HHJ Vincent. The facts are as stated in this summary. On the husband’s discovery of the wife’s agreement with the intervenors he sought disclosure of the first agreement. W and the intervenors asserted that it

WK v GC [2023] EWFC 151

Judgment date: 28 April 2023 https://www.bailii.org/ew/cases/EWFC/HCJ/2023/151.html HHJ Hess. Approach to quantifying capitalisation of spousal maintenance some years after original order. W aged 60 and had raised three now-adult children. H was 67 and retired from financial role in oil industry.

Michael Spencer v Estate of John Spencer (Deceased) & Ors [2023] EWHC 2050 (Ch)

Judgment date: 09 August 2023 https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2050 Rajah J. Proprietary estoppel case involving a farm including approach to detriment and remedy post-Guest. Applicant Michael Spencer farmed in partnership with his father, John Spencer, deceased, on land owned by John. John’s Will left

Hughes v Pritchard and Others [2023] EWHC 1382 (Ch)

Judgment date: 12 June 2023 https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/1382 HHJ Keyser KC. Propriety estoppel case. Cattle farmer Evan Hughes died leaving three children, the claimant Gareth Hughes, the defendant Carys Richards, and another child, Elfed, whose widow Gwen Hughes was the second defendant. The remaining