Costs
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
!29/03/2023 14:58
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SS v RS [2023] EWFC 32 (Fam)
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
!16/03/2023 09:00
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Teasdale v Carter and Teasdale [2023] EWHC 490 (Fam)
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
!07/03/2023 09:00
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HD v WB [2023] EWFC 2
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
!13/01/2023 09:00
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DP v EP (Conduct; Economic Abuse; Needs) [2023] EWFC 6
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
!10/01/2023 09:00
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A Wife v A Husband [2022] EWFC 154
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
!06/12/2022 09:00
Pre-Nuptial Agreement Drafting: Is the Profession Earning ‘an Honest Shilling’?
IntroductionIn the same year when the Law Commission published its report Matrimonial Property, Needs and Agreements and recommended that there be ‘statutory confirmation of the contractual validity of marital agreements’ (1.32), Coleridge J, in his addre…
- Blog
- Nuptial Agreements
- Costs
- Standard Family Orders
- Pre-Nuptial Agreements
!05/12/2022 08:24
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WD v MH [2022] EWFC 162
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
!18/11/2022 09:00
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J v H [2022] EWFC 133
Peel J. H’s application for a freezing injunction. Reference to Mostyn J’s guidance from UL v BK and the importance of compliance with the pre-requisites set out in that case.H’s initial application was essentially without notice as short, informal notice…
- Cases
- Costs
- Freezing Injunctions
!09/11/2022 09:00
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W v H (Contested Divorce) [2022] EWFC 150
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
!02/11/2022 09:00
