Disclosure
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Backstrom v Wennberg [2023] EWFC 7928 April 2023
Mr L. Samuels KC, sitting as a deputy High Court judge.The court heard cross applications for financial remedies orders. W issued a notice that H show cause why he should not be held to their pre- and post-marital agreements.H failed to attend the final h…
- Cases
- Non-Disclosure
- Disclosure
- Agreements
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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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HP v AP [2023] EWFC 4931 March 2023
HHJ Willans. Application to set aside a consent order on the basis that the H had failed to refer to two historic loans which were secured against a property in his sole legal name, but his father owned 100% of the beneficial interest. W argued that H…
- Cases
- Non-Disclosure
- Disclosure
- Undue Influence
- Setting Aside Orders (Including Barder Applications)
Depletion of Business Profits and Assets During Separation and Divorce Proceedings – Would it Have Happened Anyway?
This article is written from the perspective of the business valuation expert. We often see business profits and assets deplete over the period of separation and during divorce proceedings. The question is to what extent this can/could have been controlled by the business owner (and usually shareholder/director in owner-managed businesses) and what was due to circumstances outside their control. Would the depletion of assets and profits have happened anyway if not for the divorce?
- Journal
- Disclosure
- divorce
- Experts
- Business Valuation
- Assets
- Valuations
!27/03/2023 09:17
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Goddard-Watts v Goddard-Watts [2023] EWCA Civ 11515 February 2023
Lady Justice Macur, Lady Justice Nicola Davies and Lady Justice Carr.W’s appeal of order made by Sir Jonathan Cohen in January 2022 (see previous case summary) using the ‘Kingdon approach’. On two separate occasions since settlement of f…
- Cases
- Disclosure
- Setting Aside Orders (Including Barder Applications)
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XO v YO & Anor [2022] EWFC 11422 September 2022
HHJ Hess. Financial remedies decision concerning whether English court had jurisdiction to determine a claim in respect of immovable property situated outside England where the claim is based on equity; and can adverse inferences be drawn from a party’s f…
- Cases
- Foreign Assets
- Disclosure
- Jurisdiction
- Conduct
- Hague Convention on the Law Applicable to Trusts and Their Recognition
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X v Y [2022] EWFC 9515 August 2022
HHJ Hess. Financial remedy judgment in which the wife’s capital claims were adjourned for a decade in view of dishonest fabrication of bank statements by H and uncertainty as to assets. Judgment published ‘to draw wider attention to the abilit…
- Cases
- Adjourned Capital Claim
- Disclosure
- Conduct
Dodgy Digital Documents: Where Are We Now? Where Are We Going?
In the sun-kissed, halcyon days of late 2019 when Brexit had not yet taken effect and a corona was a halo of gas seen around the sun during an eclipse, a fevered discussion was taking place on Twitter between family lawyers regarding the increasing freque…
- Journal
- Disclosure
- Digital
- Documents
- Fraud
- Evidence
- Manipulation
- Fake
!06/07/2022 07:13
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Villiers v Villiers [2022] EWCA Civ 77210 June 2022
Moylan LJ, Coulson LJ and Arnold LJ.Appeal concerning an order by Mostyn J dismissing W’s application under s 27 of MCA 1973. Case provides useful content on the interpretation and application of s 27. It was concluded that W’s application had been wrongl…
- Cases
- Maintenance
- Disclosure
- Jurisdiction
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The Insolvency Service v Becker & Anor [2020] EWHC 2546 (Fam)25 September 2020
Mostyn J.The Insolvency Service brought criminal proceedings against the tennis player Boris Becker, alleging that he had failed to disclose all his assets. One count of alleged non-disclosure related to the existence of the BB Settlement, a trust establi…
- Cases
- Publicity and Confidentiality
- Disclosure
- Bankruptcy
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