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.
As helpfully summarised by Calum Smith on the FRJ website Mostyn J’s judgment in James v Seymour [2023] EWHC 844 (Fam) 675 included a renewed attempt to tackle how Child Maintenance should be calculated, effectively refining the methodology first se…
!29/05/2023 08:00
Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.
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.
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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