Thoughts on Applications to Withdraw Financial Remedy Proceedings

While unusual, it is possible and occasionally necessary for an applicant in financial remedy proceedings to withdraw their application, and all other related applications. The problem that arises commonly in this unusual situation is ‘what happens next?’

• Blog

• Withdrawing Applications
• Discontinuance
• Costs

• Adrian Barnett-Thoung-Holland
• Sam Watts

!14/05/2024 10:19

The Duty of Disclosure: as Important Now as Ever

The duty of disclosure and its proactive nature runs through financial remedy proceedings like letters through a stick of seaside rock. It appears on the face of the Form E. It has been set out in numerous cases.

• Blog

• Disclosure

• Shannon Knight

!19/12/2024 11:39

Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC)

What happens if the Child Maintenance Service has determined that a non-resident parent is required to pay child maintenance to the parent-with-care, but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?

• Blog

• Mortgages
• Child Maintenance

• Gwynfor Evans

!29/11/2024 06:00

Standish v Standish [2024] EWCA Civ 56723 May 2024

Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.

• Cases

• Matrimonial and Non-Matrimonial Property
• Sharing
• Gifts
• Matrimonialisation
• Tax
• Autonomy
• Trusts

• Sophia Paraskeva

Report of the Duxbury Working Party (final), November 2024

A provisional version of this report was published on 2 October 2024 and invited representations for consideration by the Working Party ahead of publication of this final report. Such representations as were received are summarised in Appendix 6, and in a few instances in alterations to the text of the report. The main recommendations of the Working Party have not changed following consideration of those representations. The figures in the illustrative tables in Appendix 5 have been revised to reflect increases in the rate of Capital Gains Tax announced and implemented in the October 2024 budget.

• Blog
• Journal

• Duxbury Capitalisation

• Michael Allum
• Simon Bruce
• Sarah Hoskinson
• Lewis Marks KC
• Sir Nicholas Mostyn
• Joe Rainer
• Mary Waring

!25/11/2024 16:07