Cases
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VS v OP (Litigation Misconduct, Quasi-Inquisitorial Approach and Inferences) [2024] EWFC 190 (B)18 July 2024
Recorder Chandler KC’s final order was 67% to H and 33% to W, the non-compliant party, and an SPP order in W’s favour even though she did not attend, had not made full disclosure and adverse inferences had been made.
- Cases
- Disclosure
- Costs
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2024] EWFC 1602 July 2024
Peel J. The last instalment in the *Simon v Simon & Level* family court litigation. Level’s civil claim is yet to be determined. Peel J found that the family court cannot make a distributive order upon application of an intervenor to require one party to pay the other party such sum as the third-party intervenor says it is entitled to.
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
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Gudmundsson v Lin [2024] EWHC 1576 (Fam)21 June 2024
Peel J does his best to put into practice the intention of the original financial remedies order, despite H depriving W of 50% of the FMH by not informing the court that there was a bankruptcy order.
- Cases
- Bankruptcy
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Brown v Brown [2024] EWFC 181 (B)26 April 2024
DJ Dodsworth. A useful insight to a district judge level approach to contempt proceedings in financial remedies. H’s failure to file a Form E and CETV for pension.
- Cases
- Committal Applications and Judgment Summonses
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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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