Costs
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Li v Simons [2023] EWHC 1626 (Fam)30 June 2023
Moor J. Judgment on an appeal against an order made in a variation of maintenance application.The parties reached an agreement settling the financial claims arising out of their marriage in April 2020, and a consent order was made in those terms in July 2…
- Cases
- Spousal Maintenance (Quantum)
- Costs
- Variation Applications
- Appeals
- Litigation Misconduct
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CC v LC [2023] EWFC 5210 March 2023
HHJ Wildblood KC. Final hearing in a needs case in which the assets available were limited to a three bedroom property, which housed the W and the three minor children of the marriage. In addition, each party held pensions of a similar value.The H had ref…
- Cases
- Disclosure
- Conduct
- Costs
- Needs
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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
- Costs
- Appeals
- Consent Orders
- Setting Aside Orders (Including Barder Applications)
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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
- Conduct
- Companies
- Costs
- Overseas Divorce and the 1984 Act
- Professional Ethics
- Legal Services Payment Orders
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
- TLATA Applications
- Costs
- Joinder of Third Parties
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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
- Domestic Abuse
- Costs
- Undertakings
- Striking Out Applications
- Compensation Principle
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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
- Economic Abuse
- Conduct
- Costs
- Needs
- Add-Backs
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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
- Agreements
- Costs
- 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
- Defended Divorce
- Costs
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