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

• Ella Fogg

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

• Katie Stephens

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

• Jasmine Knapman

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

• Kieran Ball

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

• Isabella Thomas-Kelly

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

• Elizabeth Bowden

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

• Jemima Kearney

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

• Ashleigh Herbert

A v H [2024] EWFC 254 (B)2 August 2024

HHJ Willans. Final hearing concerning the enforcement of a school fees order.

• Cases

• School Fees
• Enforcement

• Benjamin Pitman

A v M (No 2) [2024] EWFC 2141 August 2024

Sir Jonathan Cohen. Dispute over enforcement of a FR order giving W a share of the proceeds the husband received from a private equity fund where part of the investments in that fund were carried into a continuation fund.

• Cases

• Construction Of A Final Order
• Continuation Funds
• Enforcement
• Private Equity Funds

• Jasmine Knapman