Cases
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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
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NW v BH [2024] EWFC 118 (B)23 May 2024
Recorder Rhys Taylor. Evidentially complex final hearing in needs-based case involving verbal Daniels v Walker application, abandoning of SJE report, disclosure inadequacies, and an intervenor being removed.
- Cases
- Disclosure
- Daniels v Walker Application
- Joinder of Third Parties
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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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MR v EF [2024] EWFC 144 (B)20 June 2024
Recorder Rhys Taylor in financial remedy proceedings makes findings in favour of the wife as to the date of separation of the parties.
- Cases
- Matrimonial and Non-Matrimonial Property
- Duration of the Marriage
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IN v CH [2024] EWFC 2338 July 2024
Mr Stephen Trowell KC. The husband and wife made competing applications for an order for sale in respect of the matrimonial home and a yacht. The court found that the wife did not have a beneficial interest in the matrimonial home and ordered the property to be sold. The wife’s application to sell the yacht was unsuccessful as it belonged to a company, AB, who had not been joined to the proceedings.
- Cases
- Sale of Property
- Interim Relief
- Joinder of Third Parties
- Trusts
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N v J [2024] EWFC 18415 July 2024
Peel J’s view is that it is unlikely that domestic abuse would have a material impact on the vast majority of financial remedy cases, such that it would need to be litigated. Peel J uses the case of N v J to address the interplay between domestic abuse and conduct in the context of financial remedy proceedings.
- Cases
- Conduct
- Civil Partnerships
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GH v GH [2024] EWHC 2547 (Fam)
Peel J. In a narrow but important judgment, Peel J reminds all of the importance of an FDR, allowing an appeal against a decision of the first instance judge to proceed directly to a final hearing.
- Cases
- FDRs
- Financial Remedies Court (FRC)
- Appeals
- Efficient Conduct
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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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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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DH v RH (No 4) (Costs) [2024] EWFC 11424 May 2024
MacDonald J. Costs judgment following hearing in contentious case involving costs amounting to 23% of the assets.
- Cases
- Conduct
- Costs
- Add-Backs
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