Costs
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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
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BC v SC [2023] EWFC 307 (B)12 December 2023
DDJ Holmes-Milner. FR decision at DDJ level. Consideration of treatment of critical illness payout for H’s cancer.
- Cases
- Housing Need
- Pensions on Divorce
- Impaired Life Expectancy
- Costs
DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions
Anyone who has tried to arrange a Private Financial Dispute Resolution (pFDR) will be familiar with that sinking feeling when the process is slipping away. It starts with a low-level dispute over the judge, the date or the location of the hearing. Then a seemingly innocuous question about disclosure…
- FDRs
- Mediation
- arbitration
- divorce
- DR Corner
- Costs
- Financial Remedies
- Private FDR
- Alternative Dispute Resolution
!01/07/2024 07:00
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WJB v HJM [2024] EWFC 116 (B)15 February 2024
District Judge Ashworth. This was an application by W for a Hadkinson order preventing H from pursuing his application to vary an order for periodical payments made in 2017.
- Cases
- Hadkinson Orders
- Contempt of Court
- Periodical Payments
- Costs
- Legal Services Payment Orders
- Enforcement
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C v S [2024] EWFC 10915 May 2024
Peel J. H’s D11 application in relation to the implementation of a final order in matrimonial finance proceedings.
- Cases
- Personal Injury Awards
- Mortgages
- Financial Remedies Court (FRC)
- Costs
Thoughts on Applications to Withdraw Financial Remedy Proceedings
While unusual, it is possible and occasionally necessary for an applicant in financial remedy proceedings to withdraw their application, and all other related applications. The problem that arises commonly in this unusual situation is ‘what happens next?’
- Blog
- Withdrawing Applications
- Discontinuance
- Costs
!14/05/2024 10:19
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GW v GH [2023] EWFC 298 (B)12 October 2023
District Judge Napier held that the best interests of the children were the first but not the only consideration in MRC 1973 s 25. The CAO had not specified ‘private’ education, and the FRC should not prioritise private education to the detriment of other emotional and physical needs of the children. The judge refused to make a school fees order to ‘encourage’ the trustees to pay school fees.
- Cases
- Costs
- Trusts
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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
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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
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KFK v DQD [2024] EWFC 78 (B)3 April 2024
Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility.
- Cases
- Chattels
- Disclosure
- Family Procedure Rules
- Costs
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