Cases
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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
- Appeals
- Overseas Divorce and the 1984 Act
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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
- Release from Undertakings
- Enforcement
- International Enforcement
- Costs
- Foreign Assets
- Executory Orders
- Conduct
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The Incorporated Trustees of Great Calling Ministries Worldwide v (1) A Irabor (2) F Irabor [2024] EWHC 803 (Fam)11 April 2024
Sir Jonathan Cohen. Appeal by an intervener against a final order which included discharging an interim charging order on the FMH made in the intervenor’s favour and a payment of a lump sum which would prevent the recovery of the monies the intervenor alleged were owed to them.
- Cases
- Loans
- Joinder of Third Parties
- Needs
- Debts
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Re A v B (Schedule 1: Arbitral Award: Appeal) [2024] EWHC 778 (Fam)10 April 2024
Cobb J. A root and branch assault leads to the conclusion that the court is not limited to the 'four corners' of Schedule 1 and can make orders that require a party to borrow.
- Cases
- Children Act 1989 Schedule 1 Applications
- Appeals
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KFK v DQD [2024] EWFC 78 (B)3 April 2024
Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility.
- Cases
- Chattels
- Family Procedure Rules
- Costs
- Disclosure
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TK v LK [2024] EWFC 712 April 2024
Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance of parental conduct in Schedule 1 proceedings, (iii) dependence and the reversion of capital and (iv) costs.
- Cases
- Conduct
- Children Act 1989 Schedule 1 Applications
- Costs
- Child Maintenance
- Case Management
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Collardeau v Fuchs & Anor [2024] EWHC 642 (Fam)21 March 2024
Knowles J. Costs in relation to (a) dismissal of W’s contempt application against H and the owner of a company that provided management services to H and W and (b) withdrawal by H of his application to debar W’s solicitor from acting for her.
- Cases
- Costs
- Committal Applications and Judgment Summonses
- Conduct
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ES v SS [No.2] [2024] EWFC 5918 March 2024
Sir Jonathan Cohen: determination as to the distribution of trust assets following a final hearing.
- Cases
- Costs
- Trusts
- Tax
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The Husband v The Wife [2024] EWFC 64 (B)15 March 2024
HHJ Willans. Needs case involving impressive parties with strong and opposing views over what has happened and what constitutes a fair outcome.
- Cases
- Needs
- Sale of Property
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Julie Annette Merryman v Alex Raymond Merryman & Ors [2024] EWFC 58 (B)14 March 2024
HHJ Baddeley. Four stepchildren intervene successfully in financial remedies case in respect of four farming properties.
- Cases
- Proprietary Estoppel