Cases
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Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam)8 March 2024
Knowles J; impact of Churchill on family proceedings. Incoming changes to FPR from 29 April 2024 will enable court to adjourn proceedings for ADR with potential costs consequences for non-engagement.
- Cases
- Mediation
- Family Procedure Rules
- NCDR
- Alternative Dispute Resolution
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Tousi v Gaydukova [2024] EWCA Civ 2036 March 2024
McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity?
- Cases
- Non-Qualifying Ceremony
- Validity of marriage
- Jurisdiction
- Locus Lex Celebrationis
- Void Marriage
- Transfer of Tenancy
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AB v BA [2024] EWHC 1179 (Fam)5 March 2024
Cusworth J. Appeals allowed against instalment quantum for payment of costs and the requirement for permission to enforce further costs orders.
- Cases
- Costs
- Enforcement
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AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 545 March 2024
HHJ Willans. Dispute with third parties regarding the ownership of two properties and whether they should be treated as matrimonial property.
- Cases
- Matrimonial and Non-Matrimonial Property
- TLATA Applications
- Trusts of Land
- Third Party Rights
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Re Z (No 5) (Enforcement) [2024] EWFC 444 March 2024
Cobb J. Enforcement of Schedule 1 Order: freezing order, capitalisation of periodical payments for the benefit of the child, and Hadkinson order made against F who resides in the USA.
- Cases
- Foreign Assets
- Hadkinson Orders
- Freezing Injunctions
- Costs
- Children Act 1989 Schedule 1 Applications
- Duxbury Capitalisation
- International Enforcement
- Enforcement
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Williams v Williams [2023] EWHC 2479 (Fam)28 February 2024
Moor J: H held in contempt for failing to comply with orders; sentenced to 56 days’ imprisonment, suspended for 28 days, to allow filing of sworn Form E.
- Cases
- Freezing Injunctions
- Committal Applications and Judgment Summonses
- Costs
- Legal Services Payment Orders
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C v D (No 2) (2007 Hague Convention) [2024] EWFC 3627 February 2024
MacDonald J underlines the limited circumstances in which the registration of a maintenance order pursuant to the Hague Convention 2007 may be appealed successfully.
- Cases
- Jurisdiction
- Child Maintenance
- International Enforcement
- Child Support
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TW v GC [2024] EWHC 949 (Fam)21 February 2024
This was an appeal of a final order in financial remedy proceedings heard by Mr Justice Cusworth. The appeal argued that HHJ Furness KC at first instance had pitched W’s needs at too high a level, applied needs to capital but sharing to pensions, and included interest on a lump sum while H was also paying maintenance. Appeal allowed on issue of pensions and interest only.
- Cases
- Sharing Principle
- Pensions on Divorce
- Interest
- Duxbury Capitalisation
- Needs
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Nazir & Nazir v Begum [2024] EWHC 378 (KB)21 February 2024
Freedman J. A person is not to be regarded as being in adverse possession of an estate when the estate is subject to a trust: see Schedule 6, paragraph 12, to the Land Registration Act 2002. Does this include a situation in which land is held by the personal representatives of a deceased person by virtue of s 33 Administration of Estates Act 1925?
- Cases
- Administration Of Estates
- Land Registration Act 2002
- Intestacy
- Adverse Possession
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A Mother v A Father (Re Schedule 1 of the Children Act 1989) [2024] EWFC 6319 February 2024
HHJ Vincent. Schedule 1 matter determined in light of the child’s needs and the strict remit of Schedule 1, notwithstanding the significant disparity between the parents’ respective economic positions and standards of living.
- Cases
- Housing Need
- School Fees
- Standard Of Living
- Children Act 1989 Schedule 1 Applications
- Child Support
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