Cases
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KD v SD [2024] EWFC 334 (B)18 November 2024
District Judge Hatvany. Final hearing in a needs case concerning a relatively short marriage where the breadwinner and main financial contributor is now also the primary carer for the children.
- Cases
- Contributions
- Needs
- Short Marriage
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GH v H [2024] EWHC 2869 (Fam)12 November 2024
Mr Simon Colton KC sitting as a deputy High Court judge. On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments. Held: that the fixed costs regime applied to final charging orders made in family proceedings, with consideration as to when that regime could be disapplied.
- Cases
- Fixed Costs
- Child Maintenance
- Periodical Payments
- Interest
- Loans
- Charging Orders
- Costs
- Third Parties
- Debts
- Enforcement
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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