D(R) Day: Today’s Changes to FPR Parts 3 and 28

FPR Part 3 has historically been underused. This may change as important revisions to both FPR Part 3 and Part 28 come into effect, on 29 April 2024, when the material parts of the Family Procedure (Amendment No 2) Rules 2023 (SI 2023/1324) come into force.

• Blog

• NCDR
• Family Procedure Rules

• Nicholas Allen KC
• Andrew Day
• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!29/04/2024 07:00

KFK v DQD [2024] EWFC 78 (B)3 April 2024

Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility.

• Cases

• Disclosure
• Family Procedure Rules
• Chattels
• Costs

• Elizabeth Bowden

Hersman v De Verchere [2024] EWHC 905 (Fam)19 April 2024

Moor J. Enforcement proceedings following W’s failure to transfer a ski chalet to H. W previously committed to three months’ imprisonment but has not returned to the UK. H awarded £2.3m on account of lost rental profit and W’s cross application for enforcement of a lump sum dismissed, the court declaring it satisfied as deducted from the total owed to H.

• Cases

• Executory Orders
• Release from Undertakings
• Enforcement
• International Enforcement
• Costs
• Foreign Assets
• Conduct

• Liam Kelly

James v Seymour: The Calculator

As helpfully summarised by Calum Smith on the FRJ website Mostyn J’s judgment in James v Seymour [2023] EWHC 844 (Fam) 675 included a renewed attempt to tackle how Child Maintenance should be calculated, effectively refining the methodology first se…

• Blog

• Child Maintenance

• Dom Christophers

!29/05/2023 08:00

TK v LK [2024] EWFC 712 April 2024

Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance of parental conduct in Schedule 1 proceedings, (iii) dependence and the reversion of capital and (iv) costs.

• Cases

• Conduct
• Child Maintenance
• Case Management
• Children Act 1989 Schedule 1 Applications
• Costs

• Elizabeth Bowden