
Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.
The Family Court does not have TLATA jurisdiction. This creates a particular problem for proceedings in a Family Court which is not also a county court, most obviously the CFC in London. This article, although not limited to proceedings in the CFC, includes some specific discussion about how the problem can be dealt with there.
!21/11/2023 07:00
HHJ Hess. Final hearing involving valuation and matrimonial nature of business.
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.
What happens if the Child Maintenance Service has determined that a non-resident parent is required to pay child maintenance to the parent-with-care, but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?
!29/11/2024 06:00
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