Cases
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A v M (No 3) [2024] EWFC 29925 October 2024
Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation.
- Cases
- Disclosure
- Conduct
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
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FC v WC [2024] EWFC 29121 October 2024
HHJ Vincent sitting as a s 9 Deputy High Court Judge. The parties entered a French form of civil partnership when living in France. After returning to live in England in 2022, they were informed that their dissolution was not capable of recognition under s 235(1) CPA 2004 as at the commencement of their dissolution neither party to the dissolution was a French national and was not resident or domiciled in France.
- Cases
- Experts
- Civil Partnerships
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Mainwaring v Bailey [2024] EWHC 2614 (Fam)16 October 2024
Henke J ordered the husband to pay the wife’s costs assessed on a standard basis following his ‘hopeless appeal’. In response to the husband’s plea that he should be treated as a litigant-in-person and he did not understand the Family Procedure Rules, Henke J was emphatic that litigants in person are expected to comply with the procedural rules as much as represented parties.
- Cases
- Costs
- Appeals
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GH v GH [2024] EWHC 2547 (Fam)
Peel J. In a narrow but important judgment, Peel J reminds all of the importance of an FDR, allowing an appeal against a decision of the first instance judge to proceed directly to a final hearing.
- Cases
- FDRs
- Financial Remedies Court (FRC)
- Appeals
- Efficient Conduct
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ED v OF [2024] EWFC 2979 September 2024
Cusworth J. Financial remedy proceedings relating to the valuation and division of a high-value music catalogue as a key matrimonial asset.
- Cases
- Matrimonial and Non-Matrimonial Property
- Companies
- Tax
- Valuations
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V v V (Financial Remedy Hearing) [2024] EWFC 255 (B)6 September 2024
HHJ Willans. Three-day final financial remedy hearing involving the computation of the assets available for distribution including properties in India.
- Cases
- Matrimonial and Non-Matrimonial Property
- Modest Asset Cases
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Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024
Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.
- Cases
- Sharing Principle
- Housing Need
- Loans
- Appeals
- Debts
- Needs
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Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch)23 August 2024
James Pickering KC sitting as a deputy High Court judge. A declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. A ‘subsequent agreement’ is not limited to those compliant with the LP(MP)A 1989 but can include informally arising constructive trusts.
- Cases
- TLATA Applications
- Agreements
- Bankruptcy
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Abigail Laura Williams v Andrew John Williams [2024] EWFC 2756 August 2024
Final order of Moor J in financial remedy proceedings involving a husband who had continually breached court orders, failed to attend hearings, and provided unreliable and ‘demonstrably untrue’ evidence.
- Cases
- Non-Disclosure
- Adverse Inferences
- Freezing Injunctions
- Conduct
- Legal Services Payment Orders
- Disclosure from Third Parties
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A v R [2024] EWFC 218 (B)5 August 2024
This judgment by DJ Dodsworth examines the legal principles relevant to raising conduct arguments in financial remedy proceedings.
- Cases
- Domestic Abuse
- Conduct
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