The Summary of the Summaries (Summer 2025)

Published: 30/06/2025 06:00

FI v DO [2024] EWFC 384 (B) (District Judge Crisp)

Final hearing in financial remedy case involving which party should keep the family dog, a golden retriever puppy, ‘N’. Keywords: chattels

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

Application brought 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)

Vince v Vince [2024] EWFC 389 (Cusworth J)

A long marriage with substantial wealth, held mostly in H’s green energy business. Questions of how to treat political donations; attributing value to pre- and post-marital business efforts; and discounting the value of a business already sold. Keywords: companies; valuations; add-backs

RI v NG [2025] EWFC 9 (B) (District Judge Ashworth)

The parties agreed to marry in February 2024 and the wedding was scheduled to take place on 15 May 2024, but was later called off on 30 April 2024. It was the applicant’s case that the respondent had been removing various items of jewellery not yet gifted to her from his property without his knowledge or consent. Keywords: chattels; engagement; Married Women’s Property Act 1982; return of items; separation

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

Application for a legal services payment order within high net worth financial remedy proceedings. H ordered to pay significant sums for both historic and future litigation costs. Keywords: financial remedies court (FRC); maintenance pending suit; legal services payment orders

TO v GA (Financial Remedies: Deferred Sale) [2024] EWFC 405 (B) (Deputy District Judge Harrop)

Deputy District Judge Harrop publishes a judgment as a good example of the decisions district judges have to make in ‘everyday’ financial remedy cases.

T v T & Ors (Disregard for Procedural Rules, Adjournment) [2025] EWFC 14 (B) (Recorder Chandler KC)

Recorder Chandler KC was forced to adjourn a 3-day hearing in the face of W’s legal aid solicitors failing to comply with the Family Court’s procedures. The judge made it clear that where a legally represented applicant failed to comply with the Family Procedure Rules, practice directions and the Statement of Efficient Conduct relevant to preparing a case for a hearing, it was likely there would be costs consequences. Keywords: costs; bundles; efficient conduct

PM v RM [2025] EWFC 11 (Justin Warshaw KC sitting as a deputy High Court Judge)

Application for maintenance pending suit, a legal services payment order and an injunction in a high value financial remedy case. Keywords: disclosure; maintenance pending suit; legal services payment orders

AF v GF [2024] EWHC 3478 (Fam) (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. Keywords: matrimonial and non-matrimonial property; company valuations; add-backs

Walton v Walton [2025] EWFC 16 (B) (HHJ Moreton)

Committal proceedings following non-compliance with court orders. The offending party was sentenced to a period of imprisonment of 28 days, suspended until the conclusion of the financial remedy proceedings. Keywords: committal applications and judgment summonses

QW v GH [2025] EWFC 19 (B) (District Judge Worthley)

Final hearing in a financial relief claim brought by W 8 years after the parties separated, and in circumstances where W had remarried. Keywords: post-separation accrual; jurisdiction; delay

GO v YA [2024] EWFC 411 (HHJ Hess sitting as deputy High Court Judge)

Discussion of valuing art and H’s art business, the difficulties of valuing large collections of art, and problems that can arise when experts are not cross-examined at final hearing. Keywords: experts; valuations

Mary-Jane Grace and Ian Douglas Grace [2025] EWFC 37 (B) (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. Keywords: anonymity and transparency; conduct; delay; costs; litigation misconduct

Re CB (Financial Remedies: Antisuit Injunction) [2025] EWHC 427 (Fam) (HHJ Moradifar)

Application by the husband for an anti-suit injunction to prevent the wife from pursuing, participating or otherwise continuing any applications for periodical payments for the children of the family or any other applications relating to their marriage in the courts of India.

Keywords: injunctions; habitual residence; forum conveniens; jurisdiction; child maintenance; periodical payments; anti-suit injunctions

Collardeau v Fuchs & Anor [2025] EWFC 36 (Poole J)

Finding of a sham lease within enforcement proceedings of a final financial remedy order. Keywords: setting aside transactions; enforcement

Sandeep Kumar Chugh v Latika Chugh [2025] EWFC 42 (Nicholas Allen KC sitting as a deputy High Court judge)

Final hearing concerning H’s application for recognition of divorce proceedings brought by H in India, and H’s challenge to the jurisdictional basis of divorce proceedings brought in the United Kingdom by W. Keywords: Family Law Act 1986; jurisdiction; stay pending resolution of overseas proceedings; stay of proceedings; non-recognition of overseas divorce; international enforcement; recognition of Indian divorce; setting aside orders (including Barder applications)

Culligan v Culligan [2025] EWFC 1 (MacDonald J)

An equal division of the matrimonial assets following a 40-year marriage, including a Wells share in favour of W. Keywords: Wells sharing; conduct; companies; crypto; valuations

DF v YB [2025] EWFC 46 (B) (Recorder Nicholas Allen KC)

Judgment following 4-day final hearing, in which the parties agreed that it was a sharing case and that the net capital assets should be divided equally. The dispute centred around issues of computation, including tax issues and add-back vs Wells sharing. Keywords: loans; tax; debts; add-backs

D Culligan v A Culligan (No 2) (Costs and Anonymity) [2025] EWFC 26 (MacDonald J)

Judgment dealing solely with the issues of costs and whether the substantive judgment in the financial remedy proceedings handed down on 14 January 2025 should be anonymised. Keywords: anonymity and transparency; costs

Monisha Mahtani v Vivek Hariram Mahtani [2025] EWFC 35 (James Ewins KC sitting as a deputy High Court Judge)

A difficult case where the respondent husband failed to attend any hearing or make any disclosure. All the court could do was draw inferences to prevent a ‘cheat’s charter’ in the face of W’s quasi-sharing claim. W asserted H had significant assets but had no fixed or agreed values. The final hearing proceeded in H’s absence, with no evidence from H. The court awarded W £13.9m in H’s absence. Keywords: conduct

TA v SB [2025] EWFC 61 (B) (HHJ Muzaffer)

The only question the court was concerned with was what should happen to the jointly-owned FMH. However, this case illustrates the difficulties arising when one party lacks capacity to litigate and is dependent on the Official Solicitor, but where security for that party’s costs may not be readily available. Keywords: sale of property; housing need; legal aid; Official Solicitor; capacity; litigation friend

P v B (Permission to Appeal an Arbitral Award: Children) [2025] EWFC 69 (B) (HHJ Robertson)

Permission to appeal heard by HHJ Robertson involving a challenge to an arbitral determination in a children matter. Held that the powers of an arbitrator to re-open issues in a case are different to those of a judge, as they operate in different spheres, under different rules and to achieve different outcomes. Keywords: arbitration, appeals

DF v YB (No 2: Costs) [2025] EWFC 76 (B) (Recorder Nicholas Allen KC)

Application for costs following a final hearing. Keywords: NCDR; costs

Duncan Needham v Susan Rosemary Ellis [2024] EWCC 29 (HHJ Tindal)

An unusual case, involving two appeals arising from longstanding TOLATA 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. Keywords: TOLATA claims; appeals; civil restraint orders

BR v BR [2025] EWFC 88 (Peel J)

Final hearing in ultra high net worth financial remedy case involving valuations of complex business structures. Keywords: sharing principle; company valuations; wells sharing; experts; companies, costs, valuations

Simon v Simon [2025] EWFC 89 (Peel J)

Cost judgment from Peel J in ‘highly unusual’ financial remedy proceedings, in which a litigation loan provider successfully applied to be joined and to set aside a consent order which prevented them recovering a loan to W. Keywords: conduct; costs; joinder of third parties; efficient conduct; consent orders; setting aside orders (including Barder applications)

GH v IH [2025] EWFC 120 (B) (District Judge Hatvany)

Final hearing on enforcement and variation of 2012 financial remedy order. The primary issue to be determined was the enforcement and variation of a joint lives periodical payments order made in 2012. Keywords: periodical payments; variation; Duxbury capitalisation; needs; enforcement

X v Y [2025] EWHC 727 (Fam) (Trowell J)

Wife’s unsuccessful appeal against the rejection of her Barrell application to reopen a final order in a needs case following the husband’s father’s death. Trowell J agreed with the trial judge that the husband’s inheritance prospects were uncertain, and the principle of finality ought to be favoured over re-opening the case. Keywords: Barrell applications; appeals out of time; appeals; setting aside orders (including Barder applications)

Kathryn Elizabeth Norman v Michael Ian Norman [2025] EWFC 107 (B) (District Judge Veal)

Alleged material non-disclosure, W’s totally without merit application issued in October 2024 after seven rounds of litigation including W’s D50K application, settled by agreement, made when she knew about H’s alleged non-disclosure. W ordered to pay costs on indemnity basis. Warning given regarding the use of websites leading to jigsaw identification and thereby breaching FPR 9.46(3). Keywords: disclosure; costs; consent orders; setting aside orders (including Barder applications)

Galbraith-Marten v De Renée (Extension of Extended Civil Restraint Order) [2025] EWFC 96 (Cobb J)

Application granted for an extension of an extended civil restraint order and an application for further financial orders within long-running financial remedy proceedings. Keywords: civil restraint orders

VTY v GDB [2025] EWFC 110 (B) (Recorder Rhys Taylor)

Final hearing in a financial remedy application which concerned issues of non-disclosure and allegations of asset concealment in different countries. The matter also involved foreign litigation which appeared to undermine the existing proceedings in this jurisdiction. The parties married in 1999 and have two adult children and one aged 16. The family structure was a traditional one with H being the breadwinner and W the homemaker. Keyword: foreign assets; non-disclosure; chattels; adverse inferences; school fees; fraud; costs; Duxbury capitalisation; debts; foreign judgments

DSD v MJW (Costs of MPS) [2025] EWFC 119 (B) (Deputy District Judge David Hodson)

Proportionality and maintenance pending suit, a cautionary tale. In this case the DDJ concluded that the game was very much not worth the candle, and the application turned out to be very costly for the applicant wife. Keywords: interim relief; maintenance pending suit

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