HHJ Booth. Appeal from a final order in a modest asset case, in which the court was tasked with balancing the needs of a party suffering from a serious disability and the needs of the primary carer of the children of the family.
The duty of disclosure and its proactive nature runs through financial remedy proceedings like letters through a stick of seaside rock. It appears on the face of the Form E. It has been set out in numerous cases.
!19/12/2024 11:39
HHJ Sweeney. H was a serial ‘non-attender’. In December 2021, H failed to attend the final hearing listed in the financial remedies proceedings. H had failed to comply with any directions made in advance of the hearing. A few days before the listing, H (via an email sent by his partner) made an application to adjourn. That application was refused, adverse inferences were drawn, and final orders were made in H’s absence.
The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a ‘notional standard assessment’.
!11/07/2024 18:37
This is a response to the FRJ blog post by Nicholas Allen KC and Philip Tait, ‘Ma v Roux: Can You Strike Out a Set Aside Application?’ (25 September 2024), which posed the question as to whether the court is empowered to strike out an application to set aside a financial remedy order. In that article the authors carefully set out the background to this issue.
!08/01/2025 13:21
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