Cases
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DDR v BDR (Financial Remedies, Beneficial Ownership and Insolvency) [2024] EWFC 2788 October 2024
Alexander Chandler KC sitting as a High Court Judge. A complicated case, involving a consideration of three areas of law: insolvency, trusts of land, and financial remedies. Useful analysis of how the courts address the tension between paying creditors under a bankruptcy order and meeting the parties’ needs in a limited assets case. Useful guidance on how to resolve issues of beneficial ownership between divorcing spouses.
- Cases
- TLATA Claims
- Bankruptcy
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GH v GH [2024] EWHC 2547 (Fam)
Peel J. In a narrow but important judgment, Peel J reminds all of the importance of an FDR, allowing an appeal against a decision of the first instance judge to proceed directly to a final hearing.
- Cases
- FDRs
- Financial Remedies Court (FRC)
- Appeals
- Efficient Conduct
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ED v OF [2024] EWFC 2979 September 2024
Cusworth J. Financial remedy proceedings relating to the valuation and division of a high-value music catalogue as a key matrimonial asset.
- Cases
- Matrimonial and Non-Matrimonial Property
- Companies
- Tax
- Valuations
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V v V (Financial Remedy Hearing) [2024] EWFC 255 (B)6 September 2024
HHJ Willans. Three-day final financial remedy hearing involving the computation of the assets available for distribution including properties in India.
- Cases
- Matrimonial and Non-Matrimonial Property
- Modest Asset Cases
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Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024
Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.
- Cases
- Sharing Principle
- Housing Need
- Loans
- Appeals
- Debts
- Needs
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Dickason v Dickason [2024] EWFC 285 (B)27 August 2024
HHJ Sweeney. H was a serial ‘non-attender’. In December 2021, H failed to attend the final hearing listed in the financial remedies proceedings. H had failed to comply with any directions made in advance of the hearing. A few days before the listing, H (via an email sent by his partner) made an application to adjourn. That application was refused, adverse inferences were drawn, and final orders were made in H’s absence.
- Cases
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Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch)23 August 2024
James Pickering KC sitting as a deputy High Court judge. A declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. A ‘subsequent agreement’ is not limited to those compliant with the LP(MP)A 1989 but can include informally arising constructive trusts.
- Cases
- TLATA Applications
- Agreements
- Bankruptcy
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B v B [2024] EWFC 311 (B)13 August 2024
District Judge Dinan-Hayward significantly departed from equality in the wife’s favour, where the applicant husband did not attend the final hearing, failed to engage with his own application and failed to undertake proper disclosure.
- Cases
- Disclosure
- Non-Compliance
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Abigail Laura Williams v Andrew John Williams [2024] EWFC 2756 August 2024
Final order of Moor J in financial remedy proceedings involving a husband who had continually breached court orders, failed to attend hearings, and provided unreliable and ‘demonstrably untrue’ evidence.
- Cases
- Non-Disclosure
- Adverse Inferences
- Freezing Injunctions
- Conduct
- Legal Services Payment Orders
- Disclosure from Third Parties
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A v R [2024] EWFC 218 (B)5 August 2024
This judgment by DJ Dodsworth examines the legal principles relevant to raising conduct arguments in financial remedy proceedings.
- Cases
- Domestic Abuse
- Conduct
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