HJB v WPB: Beware the Preliminary Issue

It is entirely appropriate for the factual question of either the existence of an agreement (if in dispute), or whether one party ought to be entitled to resile therefrom on the so-called Edgar grounds or otherwise, to be heard as a preliminary issue. However, beware any suggestion that the court should embark on a consideration of the status of any such agreement as a preliminary issue, with no consideration of the surrounding circumstances or s 25 factors.

• Blog

• Pre-Nuptial Agreements

• Nicholas Allen KC
• James Cooper

!16/08/2024 07:00

Source not Title: Some First Reflections on Standish

On 15 and 16 November 2023, Standish v Standish came before a Court of Appeal comprising King, Moylan and Phillips LJJ. 189 days later, Moylan LJ delivered the court’s unanimous decision: Mrs Standish’s (‘W’) appeal was dismissed, and Mr Standish’s (‘H’) appeal allowed, subject to the matter being remitted for a needs-based assessment of W’s claims.

• Journal

• Matrimonial and Non-Matrimonial Property
• Matrimonialisation

• Calum Smith

!31/05/2024 09:32

AT v BT: The Return of Compensation

In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as ‘the proper approach of the court to the sharing principle and to the principle of compensation’ given that ‘the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case’. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).

• Blog

• Compensation
• Assets
• Needs

• Nicholas Allen KC

!20/06/2024 19:41

The Year in Review

As 2024 comes to an end the “Year in Review” brings all the FRJ blogs from the year together in one place for a ‘real time’ review of what was important, when, and why over the last 12 months.

• Blog

!17/12/2024 09:30

Cohabitation Reform Under the New Labour Government: Moving From a ‘Whether’ to a ‘What’?

The law around cohabitation has been ripe for reform for many years. As far back as 2007, the Law Commission of England and Wales recommended that it be updated, so as to safeguard couples against uncertainty and injustice in the event of relationship breakdown.

• Blog

• Cohabitation

• Dr Charlotte Bendall
• Dr Andy Hayward

!20/08/2024 08:00