Cases
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Cazalet v Abu-Zalaf [2022] EWFC 11917 October 2022
Mostyn J. W’s application for (i) the recission of decree nisi, (ii) the dismissal of the underlying divorce petition and (iii) the set aside of the financial order made subsequent to that. The parties had been the subject of Mostyn J’s judgment of BN v M…
- Cases
- Duration of the Marriage
- Agreements
- Setting Aside a Decree Nisi
- Rescission of Divorce Decree
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Nieman v Withers LLP [2022] EWHC 2237 (QB)19 July 2022
Andrew Baker J. H brought a claim against Withers LLP on the ground that Withers had provided him with negligent advice in the context of his divorce, and that the terms agreed with W by way of financial settlement following their divorce were not as good…
- Cases
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Renée v Galbraith-Marten [2022] EWFC 1184 October 2022
Mostyn J. F’s application for extension of extended civil restraint order (ECRO) and M’s application for permission pursuant to ECRO to bring a Schedule 1 application for a capitalised school fees order and variation of general maintenance (to…
- Cases
- Experts
- Variation Applications
- Children Act 1989 Schedule 1 Applications
- Civil Restraint Orders
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Guest v Guest [2022] UKSC 2719 October 2022
Lord Briggs, Lady Arden, Lord Leggatt, Lord Stephens, Lady Rose. What is the proper approach to granting relief under the doctrine of proprietary estoppel?The claimant Andrew Guest had relied to his significant detriment on assurances made by his father w…
- Cases
- Proprietary Estoppel
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Guest v Guest [2020] EWCA Civ 38717 March 2020
Floyd, Newey, and Arnold LJJ. Appeal from a decision of HHJ Russen QC, summarised here, that the claimant, Andrew, had relied to his detriment on assurances made by his father with this mother’s tacit agreement that he would inherit a significant proporti…
- Cases
- Proprietary Estoppel
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Guest v Guest [2019] EWHC 869 (Ch)16 April 2019
HHJ Russen QC. The claimant, Andrew Guest, worked on his parents’ farm for thirty years for a lower wage than someone with his skills could have achieved elsewhere, in reliance – he argued – on his father’s promise, with his mother’s tacit agreement, that…
- Cases
- Proprietary Estoppel
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Brake & Anor v Guy & Ors [2022] EWHC 1746 (Ch)11 July 2022
HHJ Paul Matthews. Application for a third party debt order (TPDO; formerly a garnishee order) against the trustees of Mr Brake’s SIPP. The debt was in relation to the costs of litigation lost by Mr Brake.Brake had already taken the tax-free lump su…
- Cases
- Enforcement
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Goodyear v Goodyear (Deceased) [2022] EWFC 9612 August 2022
HHJ Farquhar. Application by the husband to set aside a pension sharing order (‘PSO’) following the death of the wife. The application was opposed by the executor’s of the wife’s estate. The fundamental issue was whether the death…
- Cases
- Pensions on Divorce
- Setting Aside Orders (Including Barder Applications)
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X v Y [2022] EWFC 9515 August 2022
HHJ Hess. Financial remedy judgment in which the wife’s capital claims were adjourned for a decade in view of dishonest fabrication of bank statements by H and uncertainty as to assets. Judgment published ‘to draw wider attention to the abilit…
- Cases
- Adjourned Capital Claim
- Disclosure
- Conduct
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SC v TC [2022] EWFC 6720 May 2022
HHJ Hess.Financial remedies case involving postnuptial agreement, in which H had, in the face of a foreshortened life expectancy caused by Parkinson’s disease, voluntarily relinquished his clear entitlement both to sharing and to a needs-based award…
- Cases
- Agreements
- Impaired Life Expectancy