DDR v BDR (Financial Remedies, Beneficial Ownership and Insolvency) [2024] EWFC 2788 October 2024

Alexander Chandler KC sitting as a High Court Judge. A complicated case, involving a consideration of three areas of law: insolvency, trusts of land, and financial remedies. Useful analysis of how the courts address the tension between paying creditors under a bankruptcy order and meeting the parties’ needs in a limited assets case. Useful guidance on how to resolve issues of beneficial ownership between divorcing spouses.

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• Neive Augustin

Till Debt Do Us Part: Bankruptcy and Financial Remedies

Financial remedies practitioners are well-accustomed to advising parties in straitened financial circumstances. Often the central question is how to stretch the available resources to ensure both parties have a roof over their heads. However, when one or both parties find themselves in serious financial difficulty, a less familiar issue may arise: the interplay between the Insolvency Act 1986 and the Matrimonial Causes Act 1973.

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• Bankruptcy

• Jasmine Knapman
• Rosie Vorri

!01/10/2024 08:00

Gudmundsson v Lin [2024] EWHC 1576 (Fam)21 June 2024

Peel J does his best to put into practice the intention of the original financial remedies order, despite H depriving W of 50% of the FMH by not informing the court that there was a bankruptcy order.

• Cases

• Bankruptcy

• Elizabeth Bowden

Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch)23 August 2024

James Pickering KC sitting as a deputy High Court judge. A declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. A ‘subsequent agreement’ is not limited to those compliant with the LP(MP)A 1989 but can include informally arising constructive trusts.

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• Isabella Thomas-Kelly

The Insolvency Service v Becker & Anor [2020] EWHC 2546 (Fam)25 September 2020

Mostyn J.The Insolvency Service brought criminal proceedings against the tennis player Boris Becker, alleging that he had failed to disclose all his assets. One count of alleged non-disclosure related to the existence of the BB Settlement, a trust establi…

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• Polly Morgan | Case Editor