Cases
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Re RA (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam)15 May 2024
Henke J. Successful appeal of a fact-finding, despite such an appeal being ‘notoriously difficult’.
- Cases
- Validity of marriage
- Appeals
- Setting Aside Orders (Including Barder Applications)
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C v S [2024] EWFC 10915 May 2024
Peel J. H’s D11 application in relation to the implementation of a final order in matrimonial finance proceedings.
- Cases
- Personal Injury Awards
- Mortgages
- Financial Remedies Court (FRC)
- Costs
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NA v LA [2024] EWFC 11324 May 2024
Nicholas Allen KC sitting as a Deputy High Court Judge. A ‘paradigm’ case for the court to exercise its new powers under FPR 3.4 to stay proceedings for the parties to engage in NCDR.
- Cases
- Stay of Proceedings
- NCDR
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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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Standish v Standish [2024] EWCA Civ 56723 May 2024
Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.
- Cases
- Matrimonial and Non-Matrimonial Property
- Sharing
- Gifts
- Matrimonialisation
- Tax
- Autonomy
- Trusts
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TY v XA [2024] EWFC 9624 April 2024
Moor J. Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Mr Justice Moor reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III, which should from now on be on notice. The test is as set out at section 13 of the 1984 Act. Potanin had stated that applying a test based on ‘compelling reasons’ or ‘knock-out blow’ was wrong.
- Cases
- Overseas Divorce and the 1984 Act
- Appeals
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GW v GH [2023] EWFC 298 (B)12 October 2023
District Judge Napier held that the best interests of the children were the first but not the only consideration in MRC 1973 s 25. The CAO had not specified ‘private’ education, and the FRC should not prioritise private education to the detriment of other emotional and physical needs of the children. The judge refused to make a school fees order to ‘encourage’ the trustees to pay school fees.
- Cases
- Costs
- Trusts
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The Incorporated Trustees of Great Calling Ministries Worldwide v (1) A Irabor (2) F Irabor [2024] EWHC 803 (Fam)11 April 2024
Sir Jonathan Cohen. Appeal by an intervener against a final order which included discharging an interim charging order on the FMH made in the intervenor’s favour and a payment of a lump sum which would prevent the recovery of the monies the intervenor alleged were owed to them.
- Cases
- Loans
- Joinder of Third Parties
- Debts
- Needs
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Xanthopoulos v Rakshina [2024] EWCA Civ 848 February 2024
King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings.
- Cases
- Part III
- Housing Need
- Conduct
- Costs
- Appeals
- Needs
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The Husband v The Wife [2024] EWFC 64 (B)15 March 2024
HHJ Willans. Needs case involving impressive parties with strong and opposing views over what has happened and what constitutes a fair outcome.
- Cases
- Sale of Property
- Needs
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