Cases
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Re RA (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam)15 May 2024
Henke J. Successful appeal of a fact-finding, despite such an appeal being ‘notoriously difficult’.
- Cases
- Validity of marriage
- Appeals
- Setting Aside Orders (Including Barder Applications)
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C v S [2024] EWFC 10915 May 2024
Peel J. H’s D11 application in relation to the implementation of a final order in matrimonial finance proceedings.
- Cases
- Personal Injury Awards
- Mortgages
- Financial Remedies Court (FRC)
- Costs
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AN v NO [2024] EWFC 949 May 2024
Sir Jonathan Cohen. Jurisdiction dispute concerning (i) whether the courts of England and Wales have jurisdiction to entertain W’s divorce application; and (ii) whether, if there is jurisdiction, England and Wales is the forum conveniens.
- Cases
- Jurisdiction
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SK v RR [2024] EWHC 1418 (Fam)1 May 2024
HHJ Moradifar. The primary issue in this case was forum and convenience, which arose from two sets of divorce proceedings.
- Cases
- Forum Conveniens
- divorce
- Jurisdiction
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CH v TH [2024] EWFC 135 (B)26 April 2024
HHJ Willans. Final hearing in FR proceedings involving parties with widely conflicting views as to the resources available. The outcome was a modest departure from equality with a 53% split in W’s favour.
- Cases
- Procedure
- Litigation Misconduct
- Evidential Issues
- Needs
- Property Particulars
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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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UD v TQ [2024] EWFC 119 (B)26 April 2024
HHJ Hess. Final hearing in case involving footballer. Application of *Moher* in light of H’s misconduct and attachment of earnings order made to secure maintenance.
- Cases
- Child Maintenance
- Conduct
- Costs
- Disclosure from Third Parties
- Enforcement
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JL v NN [2024] EWHC 148925 April 2024
Williams J allowed W’s appeal on the basis that the judge failed to explicitly evaluate critical evidence and reach clear conclusions. Williams J confirmed that the civil standard of proof for fraud and dishonesty in the Financial Remedies Court is subject to the same balance of probabilities standard as any other factual issue, even if fraud issues should not be pleaded without an evidential basis.
- Cases
- Dishonesty
- Burden Of Proof
- Housing Need
- Fraud
- Appeals
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TY v XA [2024] EWFC 9624 April 2024
Moor J. Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Mr Justice Moor reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III, which should from now on be on notice. The test is as set out at section 13 of the 1984 Act. Potanin had stated that applying a test based on ‘compelling reasons’ or ‘knock-out blow’ was wrong.
- Cases
- Overseas Divorce and the 1984 Act
- Appeals
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Hersman v De Verchere [2024] EWHC 905 (Fam)19 April 2024
Moor J. Enforcement proceedings following W’s failure to transfer a ski chalet to H. W previously committed to three months’ imprisonment but has not returned to the UK. H awarded £2.3m on account of lost rental profit and W’s cross application for enforcement of a lump sum dismissed, the court declaring it satisfied as deducted from the total owed to H.
- Cases
- Foreign Assets
- Release from Undertakings
- Conduct
- Costs
- International Enforcement
- Executory Orders
- Enforcement
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