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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JL v NN [2024] EWHC 148925 April 2024
Williams J allowed W’s appeal on the basis that the judge failed to explicitly evaluate critical evidence and reach clear conclusions. Williams J confirmed that the civil standard of proof for fraud and dishonesty in the Financial Remedies Court is subject to the same balance of probabilities standard as any other factual issue, even if fraud issues should not be pleaded without an evidential basis.
- Cases
- Dishonesty
- Burden Of Proof
- Housing Need
- Fraud
- Appeals
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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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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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Rotenberg v Rotenberg & Ors [2024] EWFC 18515 July 2024
Peel J accepts the existence of the Thwaite jurisdiction. Where the landscape on the ground was very different from that which was envisaged at the time of the order an executory order could be reframed under the Thwaite jurisdiction. The jurisdiction should be used sparingly.
- Cases
- 'Thwaite Jurisdiction'
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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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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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Potanin v Potanina [2019] EWHC 2956 (Fam)8 November 2019
Cohen J. The first in the trio of Potanina v Potanin decisions.
- Cases
- Spousal Maintenance (Quantum)
- Overseas Divorce and the 1984 Act
- Setting Aside Orders (Including Barder Applications)
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