Cases
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Cummings v Fawn [2023] EWHC 830 (Fam)14 April 2023
Mostyn J. Judgment on W’s appeal. W sought to argue that an agreement reached (and upheld by the court) should be negated or vitiated by undue influence or other oppressive conduct by the H, in addition to a number of grounds of appeal, including H&…
- Cases
- Disclosure
- Costs
- Appeals
- Consent Orders
- Setting Aside Orders (Including Barder Applications)
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DR v UG [2023] EWFC 685 April 2023
Moor J. The parties were Danish. H was aged 57 and W aged 49. Children aged 18, 16, and 16. Married 2004, marriage broke down in 2019.H was CEO of a drugs manufacturer but staged a management buy-out which gave him 70% shares. His purchase was funded…
- Cases
- Sharing Principle
- Special Contribution
- Delay
- Valuations
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Xanthopoulos v Rakshina [2023] EWFC 504 April 2023
Sir Jonathan Cohen. The latest and, one hopes, final episode in a legal saga involving financial remedy, jurisdiction and children litigation spaning 60 hearings between Russia and England, in which H alone had sought counsel and legal advice from 7 firms…
- Cases
- Conduct
- Companies
- Costs
- Overseas Divorce and the 1984 Act
- Professional Ethics
- Legal Services Payment Orders
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Joanne Lewis v Cunningtons Solicitors [2023] EWHC 822 (KB)31 March 2023
HHJ Coe KC. Successful negligence claim in relation to pensions advice on divorce.The Claimant, after receiving some advice from the Defendants, but in the absence of full disclosure, entered into direct discussions with her husband and then instructed th…
- Cases
- Professional Negligence
- Pensions on Divorce
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HP v AP [2023] EWFC 4931 March 2023
HHJ Willans. Application to set aside a consent order on the basis that the H had failed to refer to two historic loans which were secured against a property in his sole legal name, but his father owned 100% of the beneficial interest. W argued that H…
- Cases
- Non-Disclosure
- Disclosure
- Undue Influence
- Setting Aside Orders (Including Barder Applications)
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Re P (Service on Parent in a Refuge) [2023] EWHC 47120 March 2023
McFarlane P. Guidance from President of Family Division on service of legal documents on a person thought to be living in a refuge. FPR 2010 does not address this. In this case, W was in a refuge and location and disclosure orders had been made against a…
- Cases
- Refuge
- Service
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SS v RS [2023] EWFC 32 (Fam)16 March 2023
Sir Jonathan Cohen. Application by H, inter alia, for compensation relating to delay in W complying with an undertaking to use her best endeavours to procure the release of H from the mortgage on the family home following a financial remedy order in 2019.…
- Cases
- Domestic Abuse
- Costs
- Undertakings
- Striking Out Applications
- Compensation Principle
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Dignam-Thomas and Bebbington v McCourt and Another (Inheritance Act 1975) [2023] EWHC 546 (Fam)14 March 2023
Theis J. Application by two sisters in parlous financial and physical health for reasonable financial provision from their father’s estate, the estate having been left to their brother. Application was limited by 1975 Act to what was reasonable in a…
- Cases
- Inheritance Act Applications
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AR v BR [2023] EWFC 7613 March 2023
HHJ Lynn Roberts. Divorce proceedings concerning UK nationals who relocated to Dubai in 2020. W commenced divorce proceedings in England. H did not dispute the divorce, but proceeded to say that he did not agree jurisdiction. H later began divorce proceed…
- Cases
- Forum Conveniens
- divorce
- Jurisdiction
- Domicile
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S v S (Conduct: Pensions) [2022] EWFC 17611 March 2023
HHJ Robinson. Financial remedy proceedings involving a police officer who was convicted of serious offences including rape of his W. H pension was permanently deducted by 1% following proceedings brought by his Local Police and Crime Commissioner. The…
- Cases
- Pensions on Divorce
- Conduct