Foreign Assets
Proving Foreign Law in Financial Remedy Proceedings
Foreign law often rears its head in financial remedy proceedings with an international element. Issues of foreign law need not cause panic or confusion provided they are identified and appropriately case managed early in the proceedings. The trouble is, often they are not.
- Journal
- Foreign Assets
!01/07/2024 07:00
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Hersman v De Verchere [2024] EWHC 905 (Fam)19 April 2024
Moor J. Enforcement proceedings following W’s failure to transfer a ski chalet to H. W previously committed to three months’ imprisonment but has not returned to the UK. H awarded £2.3m on account of lost rental profit and W’s cross application for enforcement of a lump sum dismissed, the court declaring it satisfied as deducted from the total owed to H.
- Cases
- Executory Orders
- Release from Undertakings
- Enforcement
- International Enforcement
- Conduct
- Costs
- Foreign Assets
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AS v RS [2023] EWFC 283 (B)8 July 2023
District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Overseas Divorce and the 1984 Act
- Part III
- Foreign Assets
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LMZ v AMZ [2024] EWFC 2812 February 2024
Moor J. A striking age difference, 48 years between the parties, gives rise to a strong needs-based claim.
- Cases
- Life Expectancy
- Matrimonial and Non-Matrimonial Property
- Housing Need
- Needs
- Companies
- Foreign Assets
- Valuations
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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
- Costs
- Enforcement
- Freezing Injunctions
- Foreign Assets
- Duxbury Capitalisation
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L v O [2024] EWFC 65 February 2024
Cobb J. Interlocutory applications prior to substantive Barder hearing. Applications for stay and Hadkinson order dismissed. Application for security of costs granted owing to residence outside the jurisdiction.
- Cases
- Agreements
- Enforcement
- Hadkinson Orders
- Variation Applications
- International Enforcement
- Foreign Assets
- Security for costs
- Costs
- 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
- Disclosure
- Hague Convention on the Law Applicable to Trusts and Their Recognition
- Jurisdiction
- Conduct
- Foreign Assets
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Bailey v Bailey (Committal) (Rev1) [2022] EWFC 5 (4 February 2022)4 February 2022
Peel J.W’s application for committal of H and two others for breaches of financial remedy order following ‘almost interminable’ proceedings. H argued that the earlier financial remedy judgment (as opposed to order) was not admissible in the current applic…
- Cases
- Foreign Assets
- Committal Applications and Judgment Summonses
- International Enforcement
- Admissibility of Civil Judgments in Other Proceedings
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Gadhavi v Gadhavi [2015] EWCA Civ 52023 April 2015
http://www.bailii.org/ew/cases/EWCA/Civ/2015/520.html
- Cases
- Foreign Assets
- Trusts
- Needs
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Behzadi v Behzadi [2008] EWCA Civ 10708 October 2008
http://www.bailii.org/ew/cases/EWCA/Civ/2008/1070.html
- Cases
- Foreign Assets