The Summary of the Summaries (Winter 2024)

Summaries, beginning with TY v XA [2024] EWFC 96, where Moor J reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III MFPA 1984, which should from now on be on notice. The test is as set out at the 1984 Act, s 13.

• Journal

• Liam Kelly

!22/11/2024 06:00

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

• Liam Kelly

!06/10/2024 21:22

AB v BA [2024] EWHC 1179 (Fam)5 March 2024

Cusworth J. Appeals allowed against instalment quantum for payment of costs and the requirement for permission to enforce further costs orders.

• Cases

• Costs
• Enforcement

• Liam Kelly

The Summary of the Summaries (Summer 2024)

Liam Kelly summarises recent cases including BR v BR [2024] EWFC 11, PF v QF [2024] EWFC 10, Savage v Savage [2024] EWCA Civ 49 and others.

• Journal

• Liam Kelly

!01/07/2024 07:00

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

• Liam Kelly

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

• Liam Kelly

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

• Liam Kelly

Williams v Williams [2023] EWHC 2479 (Fam)28 February 2024

Moor J: H held in contempt for failing to comply with orders; sentenced to 56 days’ imprisonment, suspended for 28 days, to allow filing of sworn Form E.

• Cases

• Freezing Injunctions
• Committal Applications and Judgment Summonses
• Costs
• Legal Services Payment Orders

• Liam Kelly

Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam)8 March 2024

Knowles J; impact of Churchill on family proceedings. Incoming changes to FPR from 29 April 2024 will enable court to adjourn proceedings for ADR with potential costs consequences for non-engagement.

• Cases

• Mediation
• Family Procedure Rules
• NCDR
• Alternative Dispute Resolution

• Liam Kelly

The Summary of the Summaries (Spring 2024)

Summaries of recent cases including Simon v Simon & Integro Funding Limited [2023] EWCA Civ 1048, Ditchfield v Ditchfield (Appeal) [2023] EWHC 2303 (Fam), Cazalet v Abu-Zalaf [2023] EWCA Civ 1065 and Xanthopoulos v Rakshina [2023] EWFC 158.

• Journal

• Liam Kelly

!13/03/2024 07:00