Cases
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Hersman v De Verchere [2024] EWHC 905 (Fam)19 April 2024
Moor J. Enforcement proceedings following W’s failure to transfer a ski chalet to H. W previously committed to three months’ imprisonment but has not returned to the UK. H awarded £2.3m on account of lost rental profit and W’s cross application for enforcement of a lump sum dismissed, the court declaring it satisfied as deducted from the total owed to H.
- Cases
- Foreign Assets
- Release from Undertakings
- Conduct
- Costs
- International Enforcement
- Executory Orders
- Enforcement
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KFK v DQD [2024] EWFC 78 (B)3 April 2024
Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility.
- Cases
- Chattels
- Disclosure
- Family Procedure Rules
- Costs
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Nazir & Nazir v Begum [2024] EWHC 378 (KB)21 February 2024
Freedman J. A person is not to be regarded as being in adverse possession of an estate when the estate is subject to a trust: see Schedule 6, paragraph 12, to the Land Registration Act 2002. Does this include a situation in which land is held by the personal representatives of a deceased person by virtue of s 33 Administration of Estates Act 1925?
- Cases
- Administration Of Estates
- Land Registration Act 2002
- Intestacy
- Adverse Possession
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D v D [2024] EWFC 7612 March 2024
HHJ Booth, sitting as a judge of the High Court: 25:75 division in favour of H following breakdown of second marriage and H’s substantial assets. Court considered W’s needs should be generously interpreted to overcome lack of SJE evidence as to W’s ill health. Needs would include W’s outstanding costs as summarily assessed by the court.
- Cases
- Matrimonial and Non-Matrimonial Property
- Housing Need
- Spousal Maintenance (Quantum)
- Interest
- Experts
- Costs
- Duxbury Capitalisation
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AS v RS [2023] EWFC 283 (B)8 July 2023
District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Foreign Assets
- Part III
- Overseas Divorce and the 1984 Act
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TK v LK [2024] EWFC 712 April 2024
Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance of parental conduct in Schedule 1 proceedings, (iii) dependence and the reversion of capital and (iv) costs.
- Cases
- Child Maintenance
- Conduct
- Costs
- Children Act 1989 Schedule 1 Applications
- Case Management
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A Mother v A Father (Re Schedule 1 of the Children Act 1989) [2024] EWFC 6319 February 2024
HHJ Vincent. Schedule 1 matter determined in light of the child’s needs and the strict remit of Schedule 1, notwithstanding the significant disparity between the parents’ respective economic positions and standards of living.
- Cases
- Housing Need
- School Fees
- Standard Of Living
- Children Act 1989 Schedule 1 Applications
- Child Support
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Collardeau v Fuchs & Anor [2024] EWHC 642 (Fam)21 March 2024
Knowles J. Costs in relation to (a) dismissal of W’s contempt application against H and the owner of a company that provided management services to H and W and (b) withdrawal by H of his application to debar W’s solicitor from acting for her.
- Cases
- Conduct
- Committal Applications and Judgment Summonses
- Costs
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S v S [2023] EWFC 2697 June 2023
HHJ Booth prefers Moylan LJ’s approach to matrimonial/non-matrimonial property, in which a scientific approach only takes one so far and the court must apply its discretion, over Mostyn J’s more scientific and formulaic approach.
- Cases
- Matrimonial and Non-Matrimonial Property
- Duration of the Marriage
- Costs
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ES v SS [No.2] [2024] EWFC 5918 March 2024
Sir Jonathan Cohen: determination as to the distribution of trust assets following a final hearing.
- Cases
- Costs
- Tax
- Trusts
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