Cases
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H v W [2023] EWFC 12014 July 2023
HHJ Reardon KC. This case concerns cross-applications regarding a final financial remedy order made in May 2021 (the 2021 order) by Recorder Anderson. This included an application by H for a further lump sum to compensate him for losses due to W’s a…
- Cases
- 'Thwaite Jurisdiction'
- Conduct
- Delay
- Costs
- Striking Out Applications
- Cross-Applications
- Compensation Principle
- Enforcement
- Setting Aside Orders (Including Barder Applications)
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Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
- Trusts
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McLean v Mclean & Ors [2023] EWHC 1735 (Fam)10 July 2023
Roberts J. An appeal of a final order by the H and five companies of which the H was the sole or majority shareholder following a final hearing conducted in their absence.
- Cases
- Adverse Inferences
- Disclosure
- Companies
- Applications To Adjourn
- Appeals
- Joinder of Third Parties
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AS v RS [2023] EWFC 283 (B)8 July 2023
District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Foreign Assets
- Part III
- Overseas Divorce and the 1984 Act
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DH v RH [2023] EWFC 1115 July 2023
MacDonald J. Determination of the W’s application for a legal services payment order (LSPO) and maintenance pending suit (MPS).The parties were both in their 50s and had married in 1995. They have two daughters, born in 2005 and 2007. The H had prod…
- Cases
- Maintenance Pending Suit
- Legal Services Payment Orders
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Li v Simons [2023] EWHC 1626 (Fam)30 June 2023
Moor J. Judgment on an appeal against an order made in a variation of maintenance application.The parties reached an agreement settling the financial claims arising out of their marriage in April 2020, and a consent order was made in those terms in July 2…
- Cases
- Spousal Maintenance (Quantum)
- Costs
- Variation Applications
- Appeals
- Litigation Misconduct
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Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents) [2023] UKSC 2228 June 2023
The Supreme Court has unanimously dismissed the appeal brought by the wife, Nafisa Hasan, against the magisterial and potentially seminal judgment of Mostyn J in Hasan v Ul-Hasan (Deceased) & Anor [2021] EWHC 1791 (Fam).
- Cases
- Barder Applications
- Overseas Divorce and the 1984 Act
- Maintenance as a Cause of Action
- Setting Aside Orders (Including Barder Applications)
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Gohil v Gohil and CPS [2023] EWHC 1567 (Fam)27 June 2023
Mostyn J. The case concerned the inexplicable differences that accompany a draft judgment handed down respectively in the King’s Bench Division, the Family Division, and the Crown Court. H was served by the Crown Court with a document titled the ‘Findings Made Following Confiscation Proceedings’.
- Cases
- Contempt of Court
- Embargoed Judgments
- Criminal Confiscation and Restraint Orders
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RA v KS [2023] EWFC 10223 June 2023
Recorder Allen KC. Determination of W’s application for an interim order for sale. At an earlier directions hearing following a private FDR, the judge raised whether there was jurisdiction to order vacant possession of the property under s 33 of the…
- Cases
- Sale of Property
- Interim Order For Sale
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SS v IS [2023] EWHC 1544 (Fam)14 June 2023
Roberts J. Final hearing in financial remedy proceedings with issues around spousal maintenance, offshore trusts and non-matrimonial assets.
- Cases
- Matrimonial and Non-Matrimonial Property
- Spousal Maintenance (Quantum)
- Special Contribution
- Trusts
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