Cases
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WC v HC (Financial Remedies Agreement) (Rev1) [2022] EWFC 2222 March 2022
Peel J.W’s financial remedy application resulted in a needs-based award of £7.45m net (c.60%). H was from a very wealthy family, and the parties’ lifestyle had been funded by H’s father via annual gifts which had ceased since the divorce proceedings. A po…
- Cases
- Agreements
- Efficient Conduct
- Prospective Inheritance
- Needs
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Re A (Schedule 1, Overspend, Costs Clawback) [2022] EWFC 2121 March 2022
Editor's note: this judgment has been removed from Bailii, possibly because of concerns about jigsaw identification.Recorder Chandler QC.Schedule 1 proceedings in which M sought that F clear all her liabilities and provide additional periodical payments a…
- Cases
- Costs
- Children Act 1989 Schedule 1 Applications
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ND v LD (Financial Remedy: Needs) [2022] EWFC B1510 March 2022
DDJ Arshad.Rare reported DDJ decision in modest asset case. Discusses special measures (including some rather unusual) taken before and during hearing in light of H’s mental health and (notwithstanding his capacity) suicidal ideation. Both parties’ housin…
- Cases
- Pensions on Divorce
- Special Measures in Conduct of Hearing
- Needs
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A v R [2021] EWFC B3524 June 2021
https://www.bailii.org/ew/cases/EWFC/OJ/2021/B35.html
- Cases
- Costs
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E v B (Interim Maintenance Inaccurate Time Estimate) [2021] EWFC B904 November 2021
Recorder Chandler.W’s application for interim maintenance and costs allowance in proceedings under Part III. Robust assumptions were made about H’s ability to pay, and W was awarded £3,000 pcm interim maintenance. W’s application for a costs allowance was…
- Cases
- Interim Relief
- Overseas Divorce and the 1984 Act
- Case Management
- First Appointments
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Baker v Baker [2022] EWFC 154 February 2022
Mostyn J.Application by W for maintenance pending suit following Rattan v Kuwad [2021] EWCA Civ 1. Held, court entitled to make assumptions about H’s ability to pay in face of ‘lamentable’ disclosure. Declines to allow W to roll up part of her income in c…
- Cases
- Disclosure
- Conduct
- Maintenance Pending Suit
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A v M [2021] EWFC 895 November 2021
Mostyn J.H worked in private equity and had set up two funds of his own, W was the beneficiary of valuable trust funds. Mostyn J set out a detailed method for dealing with H’s carried interest (in his view a hybrid resource, neither exclusively return on…
- Cases
- Sharing Principle
- Publicity and Confidentiality
- Clean Breaks and Term Maintenance
- Costs
- Add-Backs
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MG v GM [2022] EWFC 81 March 2022
MPS and LSPO application by W in a case described by Peel J as 'a battle royale' ([3]). Each party denied holding liquid assets, and asserted the other had access to significant wealth. Peel J decided that in these circumstances he must be circumspect. It…
- Cases
- Interim Relief
- Maintenance Pending Suit
- Legal Services Payment Orders
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BT v CU [2021] EWFC 871 November 2021
https://www.bailii.org/ew/cases/EWFC/HCJ/2021/87.html
- Cases
- Publicity and Confidentiality
- Variation Applications
- Executory Orders
- Setting Aside Orders (Including Barder Applications)
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BT v CU [2021] EWFC 871 November 2021
H’s application to set aside financial remedy order on basis that the downturn in his company’s value during the covid-19 pandemic constituted a Barder event (Barder v Barder [1988] AC 20). In order to succeed, H had to meet four conditions set out in Bar…
- Cases
- Publicity and Confidentiality
- 'Thwaite Jurisdiction'
- Executory Orders
- Setting Aside Orders (Including Barder Applications)
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