Cases
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LS v PS [2021] EWHC 3508 (Fam)18 January 2022
An application by an intervenor in financial remedy proceedings for disclosure of privileged material from a PFDR was refused. The intervenor, a litigation funder, is seeking to set aside a consent order reached at the PFDR on the basis it was deliberately structured to ensure W could not meet her debt. The court acknowledged that a number of competing policy considerations were engaged, in the process attaching importance to the status of litigation funders. Whilst this application was refused on the facts, Roberts J referred the “absolute bar” (as Munby P has interpreted paragraph 6.2 PD9A) on use of anything said or done at FDR in support of a separate action in civil proceedings to the Family Procedure Rules Committee. In further judicial support for private dispute resolution, Roberts J thought it artificial to draw a distinction between the privilege attaching under paragraph 6.2 PD9A to “in-court” and private FDRs.
- Cases
- FDRs
- Privilege
- Disclosure
- Litigation Funding
- Joinder of Third Parties
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CW v CH (MFPA 1984 Part III: Interim Applications) [2022] EWFC B110 January 2022
Rec. AllenWife’s application under MFPA 1984 Part III for interim periodical payments and a costs allowance for legal fees. Dispute as to whether W had valid claim, to be addressed at substantive hearing, did not preclude interim award. H could afford to…
- Cases
- Maintenance Pending Suit
- Costs
- Overseas Divorce and the 1984 Act
- Legal Services Payment Orders
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AB v CD [2022] EWFC 1975 January 2022
HHJ Shelton. Cross applications to vary a global periodical payment order for a child aged 19 who is severely disabled and a spousal maintenance. The global order at the time of this judgment was £1,250pcm (£1,249 child and £1pm spousal).Th…
- Cases
- Global Maintenance Orders
- Child Periodical Payments For Over 18s
- Spousal Maintenance (Quantum)
- Child Maintenance
- Variation Applications
- Needs
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J & K v L [2021] EWFC B10430 December 2021
HHJ Hess.M’s application for financial provision for children now aged 20 and 18 under Schedule 1.Discussion of the ‘extension conditions’, i.e. when there is an obligation to provide financial support to children once they attain majority, and whether su…
- Cases
- Children Act 1989 Schedule 1 Applications
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UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 194721 December 2021
Moylan LJ (judgment), King LJ and Newey LJ.The Court of Appeal allowed a father’s appeal against a settlement of property order in favour of the parties’ two younger children (17 and 12 at the date of the application, 19 and 14 at final hearing). The orde…
- Cases
- Children Act 1989 Schedule 1 Applications
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UD v DN [2021] EWCA Civ 194721 December 2021
https://www.judiciary.uk/wp-content/uploads/2021/12/UD-v-DN-judgment.pdf
- Cases
- Children Act 1989 Schedule 1 Applications
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Austin v Haynes [2021] EWCA Civ 191915 December 2021
Moylan LJ (judgment), Underhill LJ and Davies LJ. The Court of Appeal dismissed an appeal against, inter alia, (a) an interim charging order to enforce arrears of sums due under a consent order in Schedule 1 proceedings; and (b) an order varying an obliga…
- Cases
- Variation
- Enforcement
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A v R (Financial Remedy: Pension Offsetting) (Rev1) [2021] EWFC B1028 December 2021
DDJ M Davies.H (66) and W (52) were married for 21 years, with three children. The liquid assets were £933,495, with £552,900 of equity in the FMH, and both parties held USS pensions with CEVs of c.£1.18m (H) and c.£243,000 (W). H sought a straightforward…
- Cases
- Pensions on Divorce
- Experts
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Her Royal Highness Haya Bint Al Hussein v His Highness Mohammed Bin Rashid Al Maktoum [2021] EWFC 9419 November 2021
Moor J.High profile applications by W under Schedule 1, Part III MFPA and the Married Women’s Property Act 1882 concluded with a record-breaking award. Lump sum awarded to W of £251.5m including capitalised security costs (for W for life, the children to…
- Cases
- Child Maintenance
- Conduct
- Evidence
- Overseas Divorce and the 1984 Act
- Children Act 1989 Schedule 1 Applications
- Duxbury Capitalisation
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Aldoukhi v Abdullah [2021] EWHC 3086 (Fam)18 November 2021
Moor J.W’s applications under TOLATA and Part III MFPA concerning three properties in London. H and W were Kuwaiti nationals. W had received a financial award from the Kuwait Court in 2019.This appears to be the first reported case where jurisdiction was…
- Cases
- TLATA Applications
- Overseas Divorce and the 1984 Act
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