Time Out: Abide By the Rules – or Else! Analysis of WC v HC [2022] EWFC 22 (Peel J)

IntroductionWhen the former President announced a number of years ago the ambition of creating a Financial Remedies Court, it was clearly stated that the intention was to produce a modern and efficient justice system. At the same time, there was a warning…

• Blog

• Efficient Conduct

• Ashley Murray

!22/04/2022 09:00

ST v AR: The Origin of Assets and the Assessment of Needs

As Mostyn J observed in Clarke v Clarke [2023] 2 FLR 1 at [36], Peel J’s oft-quoted summary of the law in WC v HC (Financial Remedies Agreements) (Rev 1) [2022] 2 FLR 1110 at [21] is an ‘impeccable synopsis of the jurisprudence applicable in financial remedy cases [which] has become justly famous’. Somewhat more colloquially, Peel J has himself said (with a smile) that he has heard his summary described as ‘the Noddy Guide’ to financial remedies.

• Blog

• Assets
• Needs

• Nicholas Allen KC
• Andrew Day

!01/04/2025 10:20

Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC)

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?

• Blog

• Mortgages
• Child Maintenance

• Gwynfor Evans

!29/11/2024 06:00

DF v YB [2025] EWFC 46 (B)14 February 2025

Recorder Nicholas Allen KC. Judgment following four-day final hearing, in which the parties agreed that it was a sharing case and that the net capital assets should be divided equally. The dispute centred around issues of computation, including tax issues and add-back vs Wells sharing.

• Cases

• Loans
• Tax
• Debts
• Add-Backs

• Rebekah Batt

The Express Financial Remedy Procedure Pilot

Between the first (A Paper to consider the future use of Remote Hearings in the FRC) and third (Transparency in the Financial Remedies Court) Farquhar reports, the members of the FRC Recovery Group – initially set up by Mr Justice Mostyn and chaired throughout by His Honour Judge Stuart Farquhar – were put to good use.

• Journal

• Procedure
• Fast Track
• Express Financial Remedy Procedure

• Samantha Hillas KC

!18/03/2025 06:00