Cases
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N v J [2024] EWFC 18415 July 2024
Peel J’s view is that it is unlikely that domestic abuse would have a material impact on the vast majority of financial remedy cases, such that it would need to be litigated. Peel J uses the case of N v J to address the interplay between domestic abuse and conduct in the context of financial remedy proceedings.
- Cases
- Conduct
- Civil Partnerships
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GH v GH [2024] EWHC 2547 (Fam)
Peel J. In a narrow but important judgment, Peel J reminds all of the importance of an FDR, allowing an appeal against a decision of the first instance judge to proceed directly to a final hearing.
- Cases
- FDRs
- Financial Remedies Court (FRC)
- Appeals
- Efficient Conduct
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Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024
Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.
- Cases
- Sharing Principle
- Housing Need
- Loans
- Appeals
- Debts
- Needs
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A v M (No 2) [2024] EWFC 2141 August 2024
Sir Jonathan Cohen. Dispute over enforcement of a FR order giving W a share of the proceeds the husband received from a private equity fund where part of the investments in that fund were carried into a continuation fund.
- Cases
- Construction Of A Final Order
- Continuation Funds
- Enforcement
- Private Equity Funds
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DH v RH (No 4) (Costs) [2024] EWFC 11424 May 2024
MacDonald J. Costs judgment following hearing in contentious case involving costs amounting to 23% of the assets.
- Cases
- Conduct
- Costs
- Add-Backs
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DH v RH (No 3) (Final Hearing) [2024] EWFC 7918 April 2024
MacDonald J. Final hearing in contentious case involving high legal costs and allegations of wanton dissipation.
- Cases
- Costs
- Add-Backs
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RN v TT [2024] EWFC 264 (B)14 June 2024
HHJ Hess. W (51) and H (49) cohabited in a flat in W’s sole name from late 2003 and married in 2004. W was a GP. H was a former painter and decorator.
- Cases
- Pensions on Divorce
- Delay
- Needs
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A v R [2024] EWFC 218 (B)5 August 2024
This judgment by DJ Dodsworth examines the legal principles relevant to raising conduct arguments in financial remedy proceedings.
- Cases
- Domestic Abuse
- Conduct
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RM v WP [2024] EWFC 191 (B)28 June 2024
HHJ Hess considers when a property becomes the family home and therefore matrimonialised, and whether, once matrimonialised, it can become un-matrimonialised, and makes use of the Galbraith Tables while doing some heavy lifting to get the case to a practical, workable conclusion without further delay.
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Matrimonialisation
- Galbraith Tables
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Rotenberg v Rotenberg & Ors [2024] EWFC 18515 July 2024
Peel J accepts the existence of the Thwaite jurisdiction. Where the landscape on the ground was very different from that which was envisaged at the time of the order an executory order could be reframed under the Thwaite jurisdiction. The jurisdiction should be used sparingly.
- Cases
- 'Thwaite Jurisdiction'
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