Neive Augustin
Published: 11/01/2025 10:00
Neive Augustin is a barrister at Westgate Chambers in Brighton. She is regularly instructed in all areas of family law which includes financial remedy, child arrangements and Family Law Act injunctions. Empathy is at the centre of her practice.
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Duncan Needham v Susan Rosemary Ellis [2024] EWCC 2915 November 2024
HHJ Tindal. An unusual case, involving two appeals arising from longstanding TLATA claims involving the former family home. Mr Needham’s application to vary the consent order which was made in 2017 was refused. He sought ‘permission to apply’ to set aside that refusal, permission being required because of an LCRO. Permission to apply was refused; Mr Needham appealed. This judgment deals with his application to set aside that refusal.
- Cases
- TLATA Claims
- Appeals
- Civil Restraint Orders
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Mary-Jane Grace and Ian Douglas Grace [2025] EWFC 37 (B)10 January 2025
HHJ Farquhar. Straightforward financial remedy proceedings continued an additional 2½ years after the agreement at the FDR. Significant litigation misconduct, far beyond acceptable standards, resulting in striking delay and wasted costs orders; criticism also of conduct of W’s solicitor. The judgment provides useful guidance on anonymisation in financial remedy judgments where there is litigation misconduct.
- Cases
- Anonymity and Transparency
- Conduct
- Delay
- Costs
- Litigation Misconduct
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DDR v BDR (Financial Remedies, Beneficial Ownership and Insolvency) [2024] EWFC 2788 October 2024
Alexander Chandler KC sitting as a High Court Judge. A complicated case, involving a consideration of three areas of law: insolvency, trusts of land, and financial remedies. Useful analysis of how the courts address the tension between paying creditors under a bankruptcy order and meeting the parties’ needs in a limited assets case. Useful guidance on how to resolve issues of beneficial ownership between divorcing spouses.
- Cases
- TLATA Claims
- Bankruptcy
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AF v GF [2024] EWHC 3478 (Fam)25 November 2024
Mr Geoffrey Kingscote KC (sitting as a Deputy High Court Judge). Useful analysis of business matrimonialisation and quantification of assets, including the valuation of pre-marital business interests. The judgment clearly covers the two-stage exercise in Charman v Charman [2007] EWCA Civ 503 to add-back jurisprudence, the fragility of company valuations, matrimonialisation of pre-marital assets, and share transfers.
- Cases
- Matrimonial and Non-Matrimonial Property
- Company Valuations
- Add-Backs
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