A v M (No. 2) – Construing a Court Order After the Unforeseen Occurs

How should provisions of a court order that are in dispute be construed?

• Blog

• Consent Orders

• Nicholas Allen KC
• Ben Fearnley

!12/09/2024 08:00

They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg

In Stack v Dowden [2007] UKHL 17, at [49], Baroness Hale said that ‘[n]o-one now doubts that … an express declaration [of trust] is conclusive unless varied by subsequent agreement or affected by proprietary estoppel’. In Re Cynberg [2024] EWHC 2164 (Ch), James Pickering KC dismissed the appeal of two trustees in bankruptcy.

• Blog

• Stack
• Declarations of Trust
• Estoppel
• Trusts

• Andrew Day
• Jacob Gifford Head

!09/09/2024 14:54

Standish v Standish [2024] EWCA Civ 56723 May 2024

Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.

• Cases

• Matrimonial and Non-Matrimonial Property
• Sharing
• Gifts
• Matrimonialisation
• Tax
• Autonomy
• Trusts

• Sophia Paraskeva

James v Seymour: The Calculator

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…

• Blog

• Child Maintenance

• Dom Christophers

!29/05/2023 08:00

N v J: the Last Word on Domestic Abuse as Conduct?

On Monday last week, in In N v J [2024] EWFC 184 (15 July 2024), Mr Justice Peel handed down the most recent authority on pleading conduct pursuant to s 25(2)(g) of the Matrimonial Causes Act 1973. Those interested in this area have been keen to see whether Mr Justice Peel, as the Lead Judge of the Financial Remedies Court, would move the dial either in terms of procedure, or the application of the substantive law. Like all of Mr Justice Peel’s judgments, it is erudite, comprehensive and concise. It is also timely.

• Blog

• Domestic Abuse
• Conduct

• Samantha Hillas KC
• Olivia Piercy
• Anita Mehta

!24/07/2024 10:05