Cases
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IN v CH [2024] EWFC 2338 July 2024
Mr Stephen Trowell KC. The husband and wife made competing applications for an order for sale in respect of the matrimonial home and a yacht. The court found that the wife did not have a beneficial interest in the matrimonial home and ordered the property to be sold. The wife’s application to sell the yacht was unsuccessful as it belonged to a company, AB, who had not been joined to the proceedings.
- Cases
- Sale of Property
- Interim Relief
- Joinder of Third Parties
- Trusts
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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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