Cases
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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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MG v AR [2021] EWHC 3133 (Fam)16 November 2021
Mostyn J.In the first reported judgment on security for costs since the advent of the FPR, Mostyn J gives a helpful review of the applicable principles in family cases. Unlike in civil case law, he considers that the rarity of costs orders requires the co…
- Cases
- Security for costs
- Costs
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Aldoukhi v Abdullah [2021] EWHC 3086 (Fam)18 November 2021
Moor J.W’s applications under TOLATA and Part III MFPA concerning three properties in London. H and W were Kuwaiti nationals. W had received a financial award from the Kuwait Court in 2019.This appears to be the first reported case where jurisdiction was…
- Cases
- TLATA Applications
- Overseas Divorce and the 1984 Act
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L v L [2021] EWFC B835 November 2021
HHJ Booth.Equal sharing of a combined c.£24m interest in a business acquired from H’s father prior to the 19-year marriage held to apply. H’s shareholding was restructured 3 years prior to separation. The character of this restructuring, which had provide…
- Cases
- Matrimonial and Non-Matrimonial Property
- Companies
- Costs
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Austin v Haynes [2021] EWCA Civ 191915 December 2021
Moylan LJ (judgment), Underhill LJ and Davies LJ. The Court of Appeal dismissed an appeal against, inter alia, (a) an interim charging order to enforce arrears of sums due under a consent order in Schedule 1 proceedings; and (b) an order varying an obliga…
- Cases
- Variation
- Enforcement
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Her Royal Highness Haya Bint Al Hussein v His Highness Mohammed Bin Rashid Al Maktoum [2021] EWFC 9419 November 2021
Moor J.High profile applications by W under Schedule 1, Part III MFPA and the Married Women’s Property Act 1882 concluded with a record-breaking award. Lump sum awarded to W of £251.5m including capitalised security costs (for W for life, the children to…
- Cases
- Child Maintenance
- Conduct
- Evidence
- Overseas Divorce and the 1984 Act
- Children Act 1989 Schedule 1 Applications
- Duxbury Capitalisation
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UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 194721 December 2021
Moylan LJ (judgment), King LJ and Newey LJ.The Court of Appeal allowed a father’s appeal against a settlement of property order in favour of the parties’ two younger children (17 and 12 at the date of the application, 19 and 14 at final hearing). The orde…
- Cases
- Children Act 1989 Schedule 1 Applications
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