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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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
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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
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Loh v Loh-Gronager [2024] EWFC 241 (Fam)29 July 2024
Cusworth J. A preliminary issue hearing where the substantive question was how the chattels fell to be characterised for the purposes of the prenuptial agreement, and consequently the respective entitlements of the parties in those items following their divorce.
- Cases
- Chattels
- Agreements
- Contributions
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BI v EN [2024] EWFC 200 (Fam)29 July 2024
Decision of Cusworth J concluding financial remedy proceedings between W and H. The principal issue concerned the extent to which the outcome of W’s application for financial remedies should be impacted by the ‘Contrat de Mariage’ (the elected séparation de biens property regime).
- Cases
- Foreign Assets
- Sharing Principle
- Agreements
- Compensation Principle
- Needs
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