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 Duty of Disclosure: as Important Now as Ever

The duty of disclosure and its proactive nature runs through financial remedy proceedings like letters through a stick of seaside rock. It appears on the face of the Form E. It has been set out in numerous cases.

• Blog

• Disclosure

• Shannon Knight

!19/12/2024 11:39

HKW v CRH [2024] EWFC 358 (B)4 December 2024

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.

• Cases

• Conduct
• Add-Backs

• Olivia Currie