GH v H [2024] EWHC 2869 (Fam)12 November 2024

Mr Simon Colton KC sitting as a deputy High Court judge. On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments. Held: that the fixed costs regime applied to final charging orders made in family proceedings, with consideration as to when that regime could be disapplied.

• Cases

• Fixed Costs
• Child Maintenance
• Periodical Payments
• Interest
• Loans
• Charging Orders
• Costs
• Third Parties
• Debts
• Enforcement

• Vivien Croly

Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024

Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.

• Cases

• Sharing Principle
• Housing Need
• Loans
• Appeals
• Debts
• Needs

• Jasmine Knapman

SP v AL & Ors (by their Litigation Friend FL) [2024] EWFC 72 (B)8 March 2024

HHJ Hess. Final Hearing of W’s application for financial remedy, with H’s children from a previous marriage intervening via their mother as their litigation friend. Significant comments re pension sharing and apportionment.

• Cases

• Pensions on Divorce
• Loans
• Joinder of Third Parties
• Debts

• Fatima Ismail

The Incorporated Trustees of Great Calling Ministries Worldwide v (1) A Irabor (2) F Irabor [2024] EWHC 803 (Fam)11 April 2024

Sir Jonathan Cohen. Appeal by an intervener against a final order which included discharging an interim charging order on the FMH made in the intervenor’s favour and a payment of a lump sum which would prevent the recovery of the monies the intervenor alleged were owed to them.

• Cases

• Loans
• Joinder of Third Parties
• Debts
• Needs

• Rebekah Batt

Ditchfield v Ditchfield [2023] EWHC 2303 (Fam)20 September 2023

Peel J. Appeal by H of a final financial remedy order where on a clean break basis the assets were divided 62/38 in favour of W.

• Cases

• Disclosure
• Loans
• Appeals
• Debts
• Needs

• Stephanie Coker

The Treatment of Soft Loans in Financial Remedy Proceedings

IntroductionOn 10 February 2022, while delivering judgment in the case of P v Q [2022] EWFC B9, between P, 'the wife', and Q, 'the husband' HHJ Edward Hess gave guidance on the treatment of soft loans in financial remedy proceedings. This guidance is rele…

• Blog

• Loans

• Graeme Fraser

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