Cases
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Ali v Dinc & Anor [2022] EWCA Civ 3421 January 2022
Lord Justice Green, Lord Justice Birss and Lady Justice Whipple.The claim concerned the transfer of properties between the parties and the dispute that arose as to the terms of that arrangement. At trial, the judge rejected key aspects of each party’s cas…
- Cases
- Appeals
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Xanthopoulos v Rakshina [2022] EWFC 3012 April 2022
Mostyn J.Comprehensive survey of law on anonymisation of judgments; [74]–[142]. Correct question is 'Why is it in the public interest that the parties should be anonymous?' rather than 'Why is it in the public interest that the parties should be named?'…
- Cases
- Release from Undertakings
- Publicity and Confidentiality
- Costs
- Overseas Divorce and the 1984 Act
- Legal Services Payment Orders
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Enal v Singh & Ors (Trinidad and Tobago) [2022] UKPC 1311 April 2022
Lords Briggs, Kitchin and Hamblen, Lady Rose, and Sir Nicholas Patten.On appeal to the Privy Council from the CA of Trinidad and Tobago. Mr Maharaj, the father of R and S, paid for a parcel of commercial properties which he placed in the name of R and S u…
- Cases
- TLATA Applications
- Role of Appellate Court
- Presumption of Advancement
- Resulting Trusts
- Appeals
- Undue Influence
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Simon v Simon & Level (Joinder) (Rev1) [2022] EWFC 2921 March 2022
Nicholas Cusworth QC. Convoluted procedural history in which a consent order was sealed by the court without knowledge of other relevant applications, and W received no liquid capital capable of being used to repay her litigation funder. Funder therefore…
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
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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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