Costs
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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
- Costs
- Committal Applications and Judgment Summonses
- Conduct
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S v S [2023] EWFC 2697 June 2023
HHJ Booth prefers Moylan LJ’s approach to matrimonial/non-matrimonial property, in which a scientific approach only takes one so far and the court must apply its discretion, over Mostyn J’s more scientific and formulaic approach.
- Cases
- Matrimonial and Non-Matrimonial Property
- Costs
- Duration of the Marriage
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ES v SS [No.2] [2024] EWFC 5918 March 2024
Sir Jonathan Cohen: determination as to the distribution of trust assets following a final hearing.
- Cases
- Costs
- Trusts
- Tax
AS v RS and Part III Applications
Legal and academic commentary since Potanina has focused on how the decision is likely to give rise to many more applications to set aside leave. What then, of the costs consequences for the unsuccessful applicant who now finds themselves either (i) being listed on notice on an inter-partes basis so the court can determine the question of leave having had the benefit of hearing from both parties, or (ii) having obtained leave ex parte, finds themselves having to defend the court’s decision to grant permission without hearing from the respondent when that respondent inevitably applies to set aside the grant of leave?
- Blog
- Costs
- Part III
!22/03/2024 16:13
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Williams v Williams [2023] EWHC 2479 (Fam)28 February 2024
Moor J: H held in contempt for failing to comply with orders; sentenced to 56 days’ imprisonment, suspended for 28 days, to allow filing of sworn Form E.
- Cases
- Committal Applications and Judgment Summonses
- Freezing Injunctions
- Costs
- Legal Services Payment Orders
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SP v QR [2024] EWFC 57 (B)12 March 2024
HHJ Hess. Schedule 1 application with a ‘more modest’ asset base regarding residence in a property subject to a mortgage and ‘top-up’ maintenance for a disabled child.
- Cases
- 'Top-up' Maintenance
- Child Maintenance
- Child Support
- Needs
- Child's Needs
- Children Act 1989 Schedule 1 Applications
- Needs of a Disabled Child
- Housing Need
- Costs
Rough Justice
Costs cases in family proceedings used to be few and far between, but a recent decision of Arbuthnot J in the case of KS v VS [2024] EWHC 278 (Fam) has caused something of a stir in the profession.
- Blog
- Summary Assessment
- Costs
!15/03/2024 11:35
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Aldoukhi v Abdullah [2023] EWHC 3438 (Fam)20 December 2023
Moor J. Claim for damages in relation to breach of a Part III MFPA 1984 order and TLATA order made in 2021.
- Cases
- Delayed Sale
- TOLATA
- Damages
- Enforcement
- Sale of Property
- Valuations
- Costs
- Financial Remedies Court (FRC)
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Re Z (No 5) (Enforcement) [2024] EWFC 444 March 2024
Cobb J. Enforcement of Schedule 1 Order: freezing order, capitalisation of periodical payments for the benefit of the child, and Hadkinson order made against F who resides in the USA.
- Cases
- Children Act 1989 Schedule 1 Applications
- International Enforcement
- Hadkinson Orders
- Enforcement
- Freezing Injunctions
- Foreign Assets
- Duxbury Capitalisation
- Costs
Applications for Leave Under MFPA 1984 Part III: Which Costs Rules Inform (or Govern)?
What costs rules apply to an application for permission/leave pursuant to the Matrimonial and Family Proceedings Act 1984, s 13?
- Blog
- Leave Application
- Costs
!05/03/2024 16:23