Cases
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Duncan Needham v Susan Rosemary Ellis [2024] EWCC 2915 November 2024
HHJ Tindal. An unusual case, involving two appeals arising from longstanding TLATA claims involving the former family home. Mr Needham’s application to vary the consent order which was made in 2017 was refused. He sought ‘permission to apply’ to set aside that refusal, permission being required because of an LCRO. Permission to apply was refused; Mr Needham appealed. This judgment deals with his application to set aside that refusal.
- Cases
- TLATA Claims
- Appeals
- Civil Restraint Orders
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X v Y [2025] EWHC 727 (Fam)11 March 2025
Trowell J. Wife’s unsuccessful appeal against the rejection of her Barrell application to reopen a final order in a needs case following the husband’s father’s death. Trowell J agreed with the trial judge that the husband’s inheritance prospects were uncertain, and the principle of finality ought to be favoured over re-opening the case.
- Cases
- Barrell Applications
- Appeals Out Of Time
- Appeals
- Setting Aside Orders (Including Barder Applications)
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Simon v Simon [2025] EWFC 897 April 2025
Peel J. Cost judgment from Peel J in ‘highly unusual’ financial remedy proceedings, in which a litigation loan provider successfully applied to be joined and to set aside a consent order which prevented them recovering a loan to W.
- Cases
- Conduct
- Costs
- Joinder of Third Parties
- Efficient Conduct
- Consent Orders
- Setting Aside Orders (Including Barder Applications)
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Culligan v Culligan [2025] EWFC 114 January 2025
MacDonald J. An equal division of the matrimonial assets following a 40-year marriage, including a Wells share in favour of W.
- Cases
- Wells Sharing
- Conduct
- Companies
- Crypto
- Valuations
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P v B (Permission to appeal an arbitral award: children) [2025] EWFC 69 (B)10 January 2025
Permission to appeal heard by HHJ Robertson involving a challenge to an arbitral determination in a children matter. Held that the powers of an arbitrator to re-open issues in a case are different to those of a judge, as they operate in different spheres, under different rules and to achieve different outcomes.
- Cases
- arbitration
- Appeals
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TA v SB [2025] EWFC 61 (B)5 March 2025
HHJ Muzaffer. The only question the court was concerned with was what should happen to the jointly-owned FMH. However, this case illustrates the difficulties arising when one party lacks capacity to litigate and is dependent on the Official Solicitor, but where security for that party’s costs may not be readily available.
- Cases
- Sale of Property
- Housing Need
- Legal Aid
- Official Solicitor
- Capacity
- Litigation Friend
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TO v GA (Financial Remedies: Deferred Sale) [2024] EWFC 405 (B)12 November 2024
Deputy District Judge Harrop publishes a judgment as a good example of the decisions district judges have to make in ‘everyday’ financial remedy cases.
- Cases
- Housing Need
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Monisha Mahtani v Vivek Hariram Mahtani [2025] EWFC 3516 January 2025
James Ewins KC, sitting as a Deputy High Court Judge. A difficult case where the respondent husband failed to attend any hearing or make any disclosure. All the court could do was draw inferences to prevent a ‘cheat’s charter’ in the face of W’s quasi-sharing claim. W asserted H had significant assets but had no fixed or agreed values. The final hearing proceeded in H’s absence, with no evidence from H.
- Cases
- Conduct
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T v T and Others (Disregard for Procedural Rules, Adjournment) [2025] EWFC 14 (B)29 January 2025
Recorder Chandler KC was forced to adjourn a three-day hearing in the face of W’s legal aid solicitors failing to comply with the Family Court’s procedures. The judge made it clear that where a legally represented applicant failed to comply with the Family Procedure Rules, practice directions and the Statement of Efficient Conduct relevant to preparing a case for a hearing, it was likely there would be costs consequences.
- Cases
- Costs
- Bundles
- Efficient Conduct
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DF v YB (No 2: Costs) [2025] EWFC 76 (B)31 March 2025
Mr Nicholas Allen KC. Application for costs following a final hearing.
- Cases
- NCDR
- Costs
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