BI v EN [2024] EWFC 200 (Fam)29 July 2024

Decision of Cusworth J concluding financial remedy proceedings between W and H. The principal issue concerned the extent to which the outcome of W’s application for financial remedies should be impacted by the ‘Contrat de Mariage’ (the elected séparation de biens property regime).

• Cases

• Foreign Assets
• Sharing Principle
• Agreements
• Compensation Principle
• Needs

• Sophie Cullis

AT v BT [2023] EWHC 3531 (Fam)6 November 2023

Final hearing in a financial remedy application in which issues included undue pressure reducing weight of PNA, compensation, and non-matrimonial assets.

• Cases

• Sharing Principle
• Matrimonial and Non-Matrimonial Property
• Agreements
• Experts
• Tax
• Compensation Principle
• Valuations
• Trusts

• Isabella Thomas-Kelly

H v W [2023] EWFC 12014 July 2023

HHJ Reardon KC. This case concerns cross-applications regarding a final financial remedy order made in May 2021 (the 2021 order) by Recorder Anderson. This included an application by H for a further lump sum to compensate him for losses due to W’s a…

• Cases

• 'Thwaite Jurisdiction'
• Conduct
• Delay
• Costs
• Striking Out Applications
• Cross-Applications
• Compensation Principle
• Enforcement
• Setting Aside Orders (Including Barder Applications)

• Sarah Hogarth

What Family Lawyers Need to Know about Valuing Mixed Property Portfolios in Financial Remedy Proceedings

Over the past decade, a number of cases have come before the Family Court involving property portfolios. These cases have ranged from the seminal case of Prest v Petrodel Resources Ltd & Ors [2013] UKSC 34 through to the case of ND (By her Litigation Friend) v GD [2021] EWFC 53, where provision for end-of-life care was in issue.

• Journal

• Financial Remedies
• Compensation Principle
• Conflict of Law

• Rachel Cooper
• Amanda Andrews
• Lee Henderson
• Mike Fox

!03/07/2023 08:00

SS v RS [2023] EWFC 32 (Fam)16 March 2023

Sir Jonathan Cohen. Application by H, inter alia, for compensation relating to delay in W complying with an undertaking to use her best endeavours to procure the release of H from the mortgage on the family home following a financial remedy order in 2019.…

• Cases

• Domestic Abuse
• Costs
• Undertakings
• Striking Out Applications
• Compensation Principle

• Stephanie Coker

The Compensation Principle and Remuneration for Career ‘Sacrifice’ – TM v KM [2022] EWFC 155

The compensation principle made a surprising reappearance in the case of TM v KM [2022] EWFC 155, where HHJ Hess made an order for the wife to receive £500,000 by way of compensation for the 'relationship-generated sacrifice' that she made in giving up her lucrative career in investment banking.

• Blog

• Compensation Principle

• Sophia Gonella

!10/02/2023 23:20

TM v KM [2022] EWFC 1552 December 2022

HHJ Hess. Application of compensation principle. W was 50 and had attended what many consider to be the finest business school in the world before a highly successful career in investment finance. In 2006 and 2007, before she ceased work, W earned £505,00…

• Cases

• Compensation Principle

• Calum Smith