Cases
-
Duncan Needham v Susan Rosemary Ellis [2024] EWCC 2915 November 2024
HHJ Tindal. An unusual case, involving two appeals arising from longstanding TLATA claims involving the former family home. Mr Needham’s application to vary the consent order which was made in 2017 was refused. He sought ‘permission to apply’ to set aside that refusal, permission being required because of an LCRO. Permission to apply was refused; Mr Needham appealed. This judgment deals with his application to set aside that refusal.
- Cases
- TLATA Claims
- Appeals
- Civil Restraint Orders
-
TO v GA (Financial Remedies: Deferred Sale) [2024] EWFC 405 (B)12 November 2024
Deputy District Judge Harrop publishes a judgment as a good example of the decisions district judges have to make in ‘everyday’ financial remedy cases.
- Cases
- Housing Need
-
GH v H [2024] EWHC 2869 (Fam)12 November 2024
Mr Simon Colton KC sitting as a deputy High Court judge. On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments. Held: that the fixed costs regime applied to final charging orders made in family proceedings, with consideration as to when that regime could be disapplied.
- Cases
- Fixed Costs
- Child Maintenance
- Periodical Payments
- Interest
- Loans
- Charging Orders
- Costs
- Third Parties
- Debts
- Enforcement
-
XY v XX [2024] EWFC 387 (B)8 November 2024
HHJ Hess. Application brought by H to set aside on the basis of a ‘mutual mistake’ of the parties which presented the court with inaccurate computational figures.
- Cases
- Setting Aside Orders (Including Barder Applications)
-
T v B [2024] EWHC 3251 (Fam)8 November 2024
Trowell J. Application by the wife to continue a Hemain injunction made at short notice against the husband. H applied to set aside the injunction made.
- Cases
- Injunctions
- Jurisdiction
- Hemain
- Foreign Divorce
-
A v M (No 3) [2024] EWFC 29925 October 2024
Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation.
- Cases
- Disclosure
- Conduct
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
-
FC v WC [2024] EWFC 29121 October 2024
HHJ Vincent sitting as a s 9 Deputy High Court Judge. The parties entered a French form of civil partnership when living in France. After returning to live in England in 2022, they were informed that their dissolution was not capable of recognition under s 235(1) CPA 2004 as at the commencement of their dissolution neither party to the dissolution was a French national and was not resident or domiciled in France.
- Cases
- Experts
- Civil Partnerships
-
Mainwaring v Bailey [2024] EWHC 2614 (Fam)16 October 2024
Henke J ordered the husband to pay the wife’s costs assessed on a standard basis following his ‘hopeless appeal’. In response to the husband’s plea that he should be treated as a litigant-in-person and he did not understand the Family Procedure Rules, Henke J was emphatic that litigants in person are expected to comply with the procedural rules as much as represented parties.
- Cases
- Costs
- Appeals
-
WW v XX [2024] EWFC 330 (B)11 October 2024
HHJ Hess. Final hearing involving valuation and matrimonial nature of business.
- Cases
- Matrimonial and Non-Matrimonial Property
- Experts
- Companies
- Valuations
-
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
©2024 Class Legal classlegal.com
