Polly Morgan | Case Editor
Published: 07/02/2022 15:44
Polly is the sole author of the textbook Morgan's Family Law (Oxford University Press 2021) and contributes the chapter on financial remedies to Lamont's Family Law (2nd edn Oxford University Press 2022). An associate professor at UEA Law School, Polly is also Director of the multi award-winning UEA Law Clinic. A solicitor and law firm co-founder, she now practises exclusively in the free family law advice clinic of Norfolk Community Law Service. She is a Transparency Project committee member, former Chair of collaborative pod Good Divorce Group Norfolk, and a former committee member of the Norfolk & Norwich Law Society and Norfolk Resolution.
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Hudson v Hathway [2022] EWCA Civ 1648
Lewison, Andrews and Nugee LJJ. Second appeal on whether detriment remained a requirement of a constructive trust, given not mentioned in either Stack or Kernott.Unmarried couple, house in joint names. On separation, parties agreed that Ms Hathaway would…
- Cases
- s 53 LPA 1925
- Detrimental Reliance
- TOLATA Claims
- Signature
!14/12/2022 09:00
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A Wife v A Husband [2022] EWFC 154
HHJ Vincent. Consent order provided for W to receive lump sum in instalments for purpose of housing herself and the children, and spousal and child periodical payments. W relocated and sought accelerated receipt. Further consent order provided for this, b…
- Cases
- Variation Applications
- Costs
- Cohabitation of Recipient of Spousal Maintenance
- Child Maintenance
- Conduct
!06/12/2022 09:00
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Collardeau-Fuchs v Fuchs [2022] EWFC 135
Mostyn J. Ultra high net worth financial remedies where there there was a 2014 postnuptial agreement (a 2012 prenup modified after marriage). H was a billionaire real estate developer and parties ‘lived a billionaire lifestyle’.PNA created separate proper…
- Cases
- Secured Provision
- Duxbury Capitalisation
- Children Act 1989 Schedule 1 Applications
- Agreements
- Child Maintenance
!14/11/2022 09:00
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Parveen v Hussain and the Queen’s Proctor [2022] EWCA Civ 1434
Moylan, Asplin and Stuart-Smith LJJ. W was domiciled in Pakistan when her former husband pronounced talaq while in England. The talaq decree issued by a British mosque was certified by the Pakistani authorities as valid in Pakistan. W then married H in Pa…
- Cases
- Conflict of Law
- divorce
- Nullity
- Validity of marriage
!04/11/2022 09:00
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Boughajdim v Hayoukane [2022] EWHC 2673 (Fam)
MacDonald J. Long-running complex dispute over validity of marriage. W wanted a divorce; H said there was no marriage to dissolve.A valid marriage can be conducted in Morocco without a formal ceremony. W argued that a marriage had taken place albeit witho…
- Cases
- Lex Loci Celebrationis
- Estoppel Res Judicatam
- Validity of marriage
!21/10/2022 09:00
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Guest v Guest [2022] UKSC 27
Lord Briggs, Lady Arden, Lord Leggatt, Lord Stephens, Lady Rose. What is the proper approach to granting relief under the doctrine of proprietary estoppel?The claimant Andrew Guest had relied to his significant detriment on assurances made by his father w…
- Cases
- Proprietary Estoppel
!19/10/2022 10:05
Financial Remedies Case Round-Up: May to October 2022
Welcome to this round-up of developments since the second issue of the Financial Remedies Journal (FRJ) went to press in April 2022.All (yes, all) cases involving the financial consequences of married or unmarried relationship breakdown, or the maintenanc…
- Journal
!17/10/2022 10:49
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CF v Secretary of State for Work and Pensions [2022] UKUT 271 (AAC)
Upper Tribunal Judge Wikeley. Decision in relation to proper procedure in child maintenance appeals. First tier judge had determined F’s appeal (against decision that child was still a qualifying child) on paper without hearing. Rule 27 of the Tribunal Pr…
- Cases
- Child Support Appeal Procedure
- Child Support
!10/10/2022 09:00
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X v Y [2022] EWFC 95
HHJ Hess. Financial remedy judgment in which the wife’s capital claims were adjourned for a decade in view of dishonest fabrication of bank statements by H and uncertainty as to assets. Judgment published ‘to draw wider attention to the abilit…
- Cases
- Disclosure
- Adjourned Capital Claim
- Conduct
!15/08/2022 09:00
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Barclay v Barclay [2022] EWHC 2026 (Fam)
Cohen J. Three judgment summonses brought by Lady Hiroko Barclay against former husband Sir Frederick Barclay for admitted breaches of (1) two £50m lump sum financial remedy orders from 2021, (2) a legal services payment order, and (3) arrears of maintena…
- Cases
- Enforcement
- Committal Applications and Judgment Summonses
!28/07/2022 09:00
