Elizabeth Bowden
Published: 03/04/2024 10:37
Elizabeth Bowden is a barrister at College Chambers. She specialises in financial remedies, including TOLATA matters. Elizabeth particularly enjoys cases that overlap family / civil / Court of Protection. She is passionate about helping people find solutions.
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TY v XA [2024] EWFC 9624 April 2024
Moor J. Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Mr Justice Moor reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III, which should from now on be on notice. The test is as set out at section 13 of the 1984 Act. Potanin had stated that applying a test based on ‘compelling reasons’ or ‘knock-out blow’ was wrong.
- Cases
- Appeals
- Overseas Divorce and the 1984 Act
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GW v GH [2023] EWFC 298 (B)12 October 2023
District Judge Napier held that the best interests of the children were the first but not the only consideration in MRC 1973 s 25. The CAO had not specified ‘private’ education, and the FRC should not prioritise private education to the detriment of other emotional and physical needs of the children. The judge refused to make a school fees order to ‘encourage’ the trustees to pay school fees.
- Cases
- Trusts
- Costs
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Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Appeals
- Pensions on Divorce
- Trusts
- Setting Aside Orders (Including Barder Applications)
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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
- Costs
- Family Procedure Rules
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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
- Conduct
- Children Act 1989 Schedule 1 Applications
- Costs
- Child Maintenance
- Case Management
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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
- Costs
- Duration of the Marriage