Cases
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Hersman v De Verchere [2023] EWHC 3481 (Fam)30 November 2023
Moor J. Successful application by H for W’s committal to prison for non-compliance with orders from 2019 and 2023.
- Cases
- Committal Applications and Judgment Summonses
- Enforcement
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Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Appeals
- Setting Aside Orders (Including Barder Applications)
- Trusts
- Pensions on Divorce
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Hersman v De Verchere [2024] EWHC 905 (Fam)19 April 2024
Moor J. Enforcement proceedings following W’s failure to transfer a ski chalet to H. W previously committed to three months’ imprisonment but has not returned to the UK. H awarded £2.3m on account of lost rental profit and W’s cross application for enforcement of a lump sum dismissed, the court declaring it satisfied as deducted from the total owed to H.
- Cases
- Executory Orders
- Release from Undertakings
- Enforcement
- Conduct
- International Enforcement
- Costs
- Foreign Assets
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KFK v DQD [2024] EWFC 78 (B)3 April 2024
Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility.
- Cases
- Disclosure
- Family Procedure Rules
- Costs
- Chattels
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Nazir & Nazir v Begum [2024] EWHC 378 (KB)21 February 2024
Freedman J. A person is not to be regarded as being in adverse possession of an estate when the estate is subject to a trust: see Schedule 6, paragraph 12, to the Land Registration Act 2002. Does this include a situation in which land is held by the personal representatives of a deceased person by virtue of s 33 Administration of Estates Act 1925?
- Cases
- Administration Of Estates
- Adverse Possession
- Land Registration Act 2002
- Intestacy
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D v D [2024] EWFC 7612 March 2024
HHJ Booth, sitting as a judge of the High Court: 25:75 division in favour of H following breakdown of second marriage and H’s substantial assets. Court considered W’s needs should be generously interpreted to overcome lack of SJE evidence as to W’s ill health. Needs would include W’s outstanding costs as summarily assessed by the court.
- Cases
- Interest
- Costs
- Housing Need
- Spousal Maintenance (Quantum)
- Matrimonial and Non-Matrimonial Property
- Duxbury Capitalisation
- Experts
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AS v RS [2023] EWFC 283 (B)8 July 2023
District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Overseas Divorce and the 1984 Act
- Part III
- Foreign Assets
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TK v LK [2024] EWFC 712 April 2024
Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance of parental conduct in Schedule 1 proceedings, (iii) dependence and the reversion of capital and (iv) costs.
- Cases
- Conduct
- Child Maintenance
- Case Management
- Children Act 1989 Schedule 1 Applications
- Costs
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A Mother v A Father (Re Schedule 1 of the Children Act 1989) [2024] EWFC 6319 February 2024
HHJ Vincent. Schedule 1 matter determined in light of the child’s needs and the strict remit of Schedule 1, notwithstanding the significant disparity between the parents’ respective economic positions and standards of living.
- Cases
- Children Act 1989 Schedule 1 Applications
- Housing Need
- School Fees
- Standard Of Living
- Child Support
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Collardeau v Fuchs & Anor [2024] EWHC 642 (Fam)21 March 2024
Knowles J. Costs in relation to (a) dismissal of W’s contempt application against H and the owner of a company that provided management services to H and W and (b) withdrawal by H of his application to debar W’s solicitor from acting for her.
- Cases
- Costs
- Conduct
- Committal Applications and Judgment Summonses