Conduct
-
UD v TQ [2024] EWFC 119 (B)26 April 2024
HHJ Hess. Final hearing in case involving footballer. Application of *Moher* in light of H’s misconduct and attachment of earnings order made to secure maintenance.
- Cases
- Child Maintenance
- Conduct
- Costs
- Disclosure from Third Parties
- Enforcement
N v J: the Last Word on Domestic Abuse as Conduct?
On Monday last week, in In N v J [2024] EWFC 184 (15 July 2024), Mr Justice Peel handed down the most recent authority on pleading conduct pursuant to s 25(2)(g) of the Matrimonial Causes Act 1973. Those interested in this area have been keen to see whether Mr Justice Peel, as the Lead Judge of the Financial Remedies Court, would move the dial either in terms of procedure, or the application of the substantive law. Like all of Mr Justice Peel’s judgments, it is erudite, comprehensive and concise. It is also timely.
- Blog
- Domestic Abuse
- Conduct
!24/07/2024 10:05
Impact of Conduct on Needs
In exercising its powers in financial remedy proceedings, the court is required to have regard to the ‘conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it’: s 25(2)(g) Matrimonial Causes Act 1973.
- Journal
- Conduct
- Needs
!01/07/2024 07:00
-
Xanthopoulos v Rakshina [2024] EWCA Civ 848 February 2024
King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings.
- Cases
- Part III
- Housing Need
- Conduct
- Costs
- Appeals
- Needs
-
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
- Foreign Assets
- Release from Undertakings
- Conduct
- Costs
- International Enforcement
- Executory Orders
- Enforcement
Conduct and Its Consequences: Goddard-Watts and TK v LK
In ‘Is It Time to Consign the “Gasp” Factor to the History Books?’, Olivia Piercy and Anita Mehta considered whether three decisions might herald a significant change in the courts’ approach to domestic abuse, including economic abuse and coercive and controlling behaviour, as ‘conduct’ that it would be ‘inequitable to disregard’. If there is a nascent consensus that it is time for a change in approach, that view may not be universally held.
- Blog
- Conduct
!15/04/2024 21:08
-
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
- Child Maintenance
- Conduct
- Costs
- Children Act 1989 Schedule 1 Applications
- Case Management
-
Collardeau v Fuchs & Anor [2024] EWHC 642 (Fam)21 March 2024
Knowles J. Costs in relation to (a) dismissal of W’s contempt application against H and the owner of a company that provided management services to H and W and (b) withdrawal by H of his application to debar W’s solicitor from acting for her.
- Cases
- Conduct
- Committal Applications and Judgment Summonses
- Costs
-
KA v LE [2023] EWFC 266 (B)29 November 2023
DDJ Mark Harrop. Final hearing in FR proceedings with consideration of relevance to findings in children proceedings that H had bullied, coerced and controlled W throughout the whole of their marriage.
- Cases
- Domestic Abuse
- Adjournment
- Conduct
- Costs
-
Williams v Williams [2023] EWHC 3098 (Fam)13 October 2023
Moor J. Refusal of a Hadkinson order during substantive proceedings. LSPO granted for proceedings and for overseas litigation.
- Cases
- Hadkinson Orders
- Overseas Assets
- Conduct
- Legal Services Payment Orders
©2023 Class Legal classlegal.com
