Cases
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(1) Dixon (2) Dixon v The Crown Estate Commissioners [2022] EWHC 325622 December 2022
Judge Hodge KC. The claimants sought vesting orders in respect of two properties, following the striking off and dissolution of the company (in which the claimants had previously been shareholders) which was the registered proprietor. The Crown disclaimed…
- Cases
- Companies
- Proprietary Estoppel
- Trusts
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W v H (Contested Divorce) [2022] EWFC 1502 November 2022
HHJ Greensmith. H defended W’s petition for divorce. The parties were 45. H was a doctor and W a social worker. They married in Australia in 2014 and separated in 2017. They have three children.This was not H’s first round of contested divorce/financial r…
- Cases
- Intermediaries
- Defended Divorce
- Costs
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TM v KM [2022] EWFC 1552 December 2022
HHJ Hess. Application of compensation principle. W was 50 and had attended what many consider to be the finest business school in the world before a highly successful career in investment finance. In 2006 and 2007, before she ceased work, W earned £505,00…
- Cases
- Compensation Principle
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PP v Secretary of State for Work and Pensions and SP [2022] UKUT 286 (AAC)1 November 2022
Upper Tribunal Judge Wikeley. Decision on F’s appeal.A reconsideration of a re-assessment of F’s child maintenance liability resulted in FTT ruling (in the absence of both parties): (1) that F’s unearned income was £34,191; (2) that it was just and equita…
- Cases
- Child Maintenance
- Appeals
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Clarke v Clarke [2022] EWHC 2698 (Fam)28 October 2022
Mostyn J. Appeal by W against the judgment and order of HHJ Farqhuar on three grounds. One, whether the order should provide for W to receive a minimum sum from the net proceeds of sale of the FMH. This was not strongly advanced by W and became irrelevant…
- Cases
- Companies
- Appeals
- Valuations
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Hudson v Hathway [2022] EWCA Civ 164814 December 2022
Lewison, Andrews and Nugee LJJ. Second appeal on whether detriment remained a requirement of a constructive trust, given not mentioned in either Stack or Kernott.Unmarried couple, house in joint names. On separation, parties agreed that Ms Hathaway would…
- Cases
- TLATA Applications
- Detrimental Reliance
- Signature
- s 53 LPA 1925
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WD v MH [2022] EWFC 16218 November 2022
Mr Recorder Rhys Taylor. H was 66 and W 61. Short marriage.Within judicial separation proceedings (although neither party could confirm why such were preferred to divorce), the parties agreed (the 2008 Agreement), inter alia, the following:H to pay W a lu…
- Cases
- Agreements
- Delay
- Costs
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A Wife v A Husband [2022] EWFC 1546 December 2022
HHJ Vincent. Consent order provided for W to receive lump sum in instalments for purpose of housing herself and the children, and spousal and child periodical payments. W relocated and sought accelerated receipt. Further consent order provided for this, b…
- Cases
- Child Maintenance
- Conduct
- Costs
- Variation Applications
- Cohabitation of Recipient of Spousal Maintenance
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BK v (1) Secretary of State for Work and Pensions (2) LB [2022] UKUT 282 (AAC)27 October 2022
Deputy Upper Tribunal Judge Rowland. Decision on F’s application to appeal the decision of the First-tier Tribunal (FTT). F appealed a child maintenance assessment on the basis that his gross income was lower than the figure used in the assessment.F sough…
- Cases
- Child Maintenance
- Appeals
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P v P (Treatment of costs in sharing cases) [2022] EWFC 15814 November 2022
DDJ David Hodson. The court published this discrete judgment to address several issues of legal costs in a wholly sharing claim. This was a case which ‘should never have got to Form A, let alone a final hearing’; W had incurred £130,000 in legal costs whe…
- Cases
- Sharing Principle
- Add-Backs