The Summary of the Summaries (Spring 2025)

Published: 18/03/2025 06:00

WW v XX [2024] EWFC 330 (B) (HHJ Hess)

Final hearing involving valuation and matrimonial nature of business. Keywords: matrimonial and non-matrimonial property; experts; companies; valuations

Mainwaring v Bailey [2024] EWHC 2614 (Fam) (Henke J)

Henke J ordered the husband to pay the wife’s costs assessed on a standard basis following his ‘hopeless appeal’. In response to the husband’s plea that he should be treated as a litigant-in-person and he did not understand the Family Procedure Rules, Henke J was emphatic that litigants in person are expected to comply with the procedural rules as much as represented parties. Keywords: costs; appeals

FC v WC [2024] EWFC 291 (HHJ Vincent sitting as a s 9 Deputy High Court Judge)

The parties entered a French form of civil partnership when living in France. After returning to live in England in 2022, they were informed that their dissolution was not capable of recognition under s 235(1) CPA 2004 as at the commencement of their dissolution neither party to the dissolution was a French national and was not resident or domiciled in France. Keywords: experts; civil partnerships

A v M (No 3) [2024] EWFC 299 (Cohen J)

Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation. Keywords: disclosure; conduct; striking out applications; setting aside orders (including Barder applications)

T v B [2024] EWHC 3251 (Fam) (Trowell J)

Application by the wife to continue a Hemain injunction made at short notice against the husband. H applied to set aside the injunction made. Keywords: injunctions; jurisdiction; Hemain; foreign divorce

XY v XX [2024] EWFC 387 (B) (HHJ Hess)

Application by H to set aside on the basis of a ‘mutual mistake’ of the parties which presented the court with inaccurate computational figures. Keywords: setting aside orders (including Barder Applications)

GH v H [2024] EWHC 2869 (Fam) (Mr Simon Colton KC sitting as a deputy High Court Judge)

On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments. Held: that the fixed costs regime applied to final charging orders made in family proceedings, with consideration as to when that regime could be disapplied. Keywords: fixed costs; child maintenance; periodical payments; interest, loans; charging orders; costs; third parties; debts; enforcement

KD v SD [2024] EWFC 334 (B) (District Judge Hatvany)

Final hearing in a needs case concerning a relatively short marriage where the breadwinner and main financial contributor is now also the primary carer for the children. Keywords: contributions; needs; short marriage

HKW v CRH [2024] EWFC 358 (B) (DDJ Rose)

Final hearing in modest asset case. Court making findings on the validity of H’s purported loans/gifts to the parties’ children. Consideration of the Kimber factors concerning point of cohabitation. Keywords: conduct; add-backs

AJ v FJ (Appeal Against Registration) [2024] EWFC 356 (MacDonald J)

Appeal against the decision of the Maintenance Enforcement Business Centre to register a Polish interim maintenance order obtained by the respondent from the District Court in Jelenia Gora on 15 December 2022. Keywords: jurisdiction; child maintenance; appeals; 2007 Hague Convention; enforcement

Ogbedo v Oghenerume-Taiga [2024] EWHC 3193 (Fam) (Sir Jonathan Cohen)

This is a successful application of NO (herein referred to as ‘F’) to strike out MT’s (herein referred to as ‘M’) application for nullity pursuant to FPR 4.4 on the basis that it was an abuse of the court’s process. The court applied the test in HMRC v Kishore [2021] EWCA 1565. Keywords: nullity; jurisdiction; divorce orders; overseas divorce and the 1984 Act; striking out applications

V v V [2024] EWFC 380 (B) (HHJ Booth)

Appeal from a final order in a modest asset case, in which the court was tasked with balancing the needs of a party suffering from a serious disability and the needs of the primary carer of the children of the family. Keywords: housing need; appeals; Mesher orders and deferred charges; needs

ST v AR [2025] EWFC 4 (HHJ Vincent sitting as a deputy High Court Judge)

Final hearing in a high-value case. Court making findings as to whether H’s large inheritance had been matrimonialised, W’s entitlement to a second home, and who should be awarded the family home. Keywords: matrimonial and non-matrimonial property; needs

SM v BA (Legal Services Payment Order) [2025] EWFC 7 (Nicholas Allen KC sitting as a deputy High Court Judge)

Application for an LSPO in high net worth financial remedy proceedings including an order to pay historic costs Keywords: Financial Remedies Court (FRC); maintenance pending suit; legal services payment orders

HK v SS [2025] EWFC 5 (B) (HHJ Simmonds, National Lead Judge for Divorce)

Guidance on when a delay between conditional order being made, and an application for a final order, is delay sufficient to cause the court to question whether a final order should be made. Keywords: setting aside a decree nisi; divorce orders

HA v EN [2025] EWHC 48 (Fam) (Deputy High Court Judge Richard Todd KC)

Application by W for MPS and an LSPO in protracted financial remedy proceedings. Keywords: interim relief; maintenance pending suit; legal services payment orders

MacQueen v MacQueen [2024] EWFC 400 (B) (District Judge Ashby)

Final hearing on an application for a financial remedy order in proceedings concerning serious findings of non-disclosure resulting in periodical payments throughout children’s minority and orders for indemnity costs. Keywords: non-disclosure; spousal maintenance (quantum); Financial Remedies Court (FRC)

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