Cases
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V v W [2024] EWFC 11123 May 2024
Poole J. The issues for determination were whether this court had jurisdiction to hear dissolution proceedings in relation to a French pacte civil de solidarité, and, if so, is the forum conveniens for dissolution proceedings nevertheless in France?
- Cases
- Jurisdiction
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JK v LM [2024] EWHC 1442 (Fam)23 May 2024
Cobb J. The case concerned four applications by the mother for an LSPO to cover the costs of her legal representation in ongoing proceedings under Schedule 1 (where she sought financial provision for the six-year old child) and s 8 CA 1989.
- Cases
- Freezing Injunctions
- Land Registration Act 2002
- Children Act 1989 Schedule 1 Applications
- Legal Services Payment Orders
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Standish v Standish [2024] EWCA Civ 56723 May 2024
Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.
- Cases
- Matrimonial and Non-Matrimonial Property
- Sharing
- Gifts
- Matrimonialisation
- Tax
- Autonomy
- Trusts
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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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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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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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