Cases
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Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch)23 August 2024
James Pickering KC sitting as a deputy High Court judge. A declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. A ‘subsequent agreement’ is not limited to those compliant with the LP(MP)A 1989 but can include informally arising constructive trusts.
- Cases
- TLATA Applications
- Agreements
- Bankruptcy
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AB v BA [2024] EWHC 1179 (Fam)5 March 2024
Cusworth J. Appeals allowed against instalment quantum for payment of costs and the requirement for permission to enforce further costs orders.
- Cases
- Costs
- Enforcement
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UD v TQ [2024] EWFC 119 (B)26 April 2024
HHJ Hess. Final hearing in case involving footballer. Application of *Moher* in light of H’s misconduct and attachment of earnings order made to secure maintenance.
- Cases
- Child Maintenance
- Conduct
- Costs
- Disclosure from Third Parties
- Enforcement
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NM v PM [2024] EWFC 199 (B)18 July 2024
DDJ Nahal-Macdonald. Preliminary issues hearing in relation to interpretation of a clause in a prenuptial agreement.
- Cases
- Matrimonial and Non-Matrimonial Property
- Agreements
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RG v TA (Appeal: Legal Services Funding Order: Schedule 1 Children Act 1989) [2023] EWHC 3155 (Fam)6 October 2023
Roberts J. Appeal from HHJ Ellis who had refused F’s application for a legal services payment order of £125,000 in relation to his s 8 and Schedule 1 applications.
- Cases
- Legal Services Payment Orders
- Efficient Conduct
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Potanina v Potanin [2021] EWCA Civ 70213 May 2021
King, David Richards and Moylan LJJ. The second in the trio of Potanina v Potanin decisions, these case summaries should be read in order. This one is the Court of Appeal decision where Lady Justice King handed down the unanimous decision, allowing W’s appeal against Mr Justice Cohen’s order setting aside the grant of leave to bring a claim under Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Spousal Maintenance (Quantum)
- Overseas Divorce and the 1984 Act
- Setting Aside Orders (Including Barder Applications)
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Potanin v Potanina [2019] EWHC 2956 (Fam)8 November 2019
Cohen J. The first in the trio of Potanina v Potanin decisions.
- Cases
- Spousal Maintenance (Quantum)
- Overseas Divorce and the 1984 Act
- Setting Aside Orders (Including Barder Applications)
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BC v SC [2023] EWFC 307 (B)12 December 2023
DDJ Holmes-Milner. FR decision at DDJ level. Consideration of treatment of critical illness payout for H’s cancer.
- Cases
- Housing Need
- Pensions on Divorce
- Impaired Life Expectancy
- Costs
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Williams v Williams [2024] EWHC 733 (Fam)10 April 2024
Sir Andrew McFarlane P. Erroneous application for a final order of divorce made by the solicitors for the applicant wife, in absence of the instruction or authority of their client.
- Cases
- Delay
- Decree Nisi/Decree Final
- Setting Aside Orders (Including Barder Applications)
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TI v LI [2024] EWFC 163 (B)21 June 2024
Recorder Allen KC. Recognition of Pakistani divorce.
- Cases
- Jurisdiction
- Overseas Divorce and the 1984 Act
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