Costs
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D v D [2024] EWFC 7612 March 2024
HHJ Booth, sitting as a judge of the High Court: 25:75 division in favour of H following breakdown of second marriage and H’s substantial assets. Court considered W’s needs should be generously interpreted to overcome lack of SJE evidence as to W’s ill health. Needs would include W’s outstanding costs as summarily assessed by the court.
- Cases
- Matrimonial and Non-Matrimonial Property
- Housing Need
- Spousal Maintenance (Quantum)
- Interest
- Experts
- Costs
- Duxbury Capitalisation
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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
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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
- Conduct
- Committal Applications and Judgment Summonses
- Costs
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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
- Duration of the Marriage
- Costs
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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
- Tax
- Trusts
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
- Part III
- Costs
!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
- Freezing Injunctions
- Committal Applications and Judgment Summonses
- 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
- Housing Need
- Child Maintenance
- Needs of a Disabled Child
- Costs
- Children Act 1989 Schedule 1 Applications
- Child Support
- 'Top-up' Maintenance
- Needs
- Child's Needs
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
- Sale of Property
- TLATA Applications
- Financial Remedies Court (FRC)
- Damages
- Costs
- Delayed Sale
- Valuations
- Enforcement
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