Costs
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Cummings v Fawn [2023] EWHC 830 (Fam)14 April 2023
Mostyn J. Judgment on W’s appeal. W sought to argue that an agreement reached (and upheld by the court) should be negated or vitiated by undue influence or other oppressive conduct by the H, in addition to a number of grounds of appeal, including H&…
- Cases
- Disclosure
- Consent Orders
- Costs
- Setting Aside Orders (Including Barder Applications)
- Appeals
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Xanthopoulos v Rakshina [2023] EWFC 504 April 2023
Sir Jonathan Cohen. The latest and, one hopes, final episode in a legal saga involving financial remedy, jurisdiction and children litigation spaning 60 hearings between Russia and England, in which H alone had sought counsel and legal advice from 7 firms…
- Cases
- Professional Ethics
- Companies
- Legal Services Payment Orders
- Conduct
- Costs
- Overseas Divorce and the 1984 Act
ADR and costs penalties in financial remedies cases
Historically inter partes costs orders in financial remedies proceedings have been as common as hens’ teeth, for the very simple reason that the current costs rules largely preclude them being made. Thus FPR 28.3 provides so far as is material:&lsqu…
- Blog
- Costs
- Alternative Dispute Resolution
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Teasdale v Carter and Teasdale [2023] EWHC 490 (Fam)7 March 2023
Moor J. Appeal in farming estoppel case with astronomical costs far exceeding the value of the property in question.The first respondent, Ms Carter, was the elder daughter of the appellant mother and second respondent father. During the parents’ fin…
- Cases
- TOLATA
- Joinder of Third Parties
- Costs
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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
- Costs
- Domestic Abuse
- Compensation Principle
- Striking Out Applications
- Undertakings
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DP v EP (Conduct; Economic Abuse; Needs) [2023] EWFC 610 January 2023
HHJ Madeleine Reardon. Finding of economic abuse and consideration of whether it met the level of s 25 conduct.Parties aged 49 (W) and 59 (H), married 1994, separated 2018, children adults. Marriage void for W’s bigamy, but with no findings made and…
- Cases
- Needs
- Add-Backs
- Economic Abuse
- Conduct
- Costs
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HD v WB [2023] EWFC 213 January 2023
Peel J. Financial remedy proceedings concerning the circumstances surrounding a PNA and the weight, if any, to be attached to it. Realisable assets almost entirely in W’s name exceeded £43m. H sought for the PNA to be completely disregarded as it was ente…
- Cases
- Costs
- Agreements
- Needs
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W v H (Contested Divorce) [2022] EWFC 1502 November 2022
HHJ Greensmith. H defended W’s petition for divorce. The parties were 45. H was a doctor and W a social worker. They married in Australia in 2014 and separated in 2017. They have three children.This was not H’s first round of contested divorce/financial r…
- Cases
- Intermediaries
- Costs
- Defended Divorce
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WD v MH [2022] EWFC 16218 November 2022
Mr Recorder Rhys Taylor. H was 66 and W 61. Short marriage.Within judicial separation proceedings (although neither party could confirm why such were preferred to divorce), the parties agreed (the 2008 Agreement), inter alia, the following:H to pay W a lu…
- Cases
- Costs
- Agreements
- Delay
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A Wife v A Husband [2022] EWFC 1546 December 2022
HHJ Vincent. Consent order provided for W to receive lump sum in instalments for purpose of housing herself and the children, and spousal and child periodical payments. W relocated and sought accelerated receipt. Further consent order provided for this, b…
- Cases
- Costs
- Cohabitation of Recipient of Spousal Maintenance
- Conduct
- Variation Applications
- Child Maintenance
