Trusts
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IN v CH [2024] EWFC 2338 July 2024
Mr Stephen Trowell KC. The husband and wife made competing applications for an order for sale in respect of the matrimonial home and a yacht. The court found that the wife did not have a beneficial interest in the matrimonial home and ordered the property to be sold. The wife’s application to sell the yacht was unsuccessful as it belonged to a company, AB, who had not been joined to the proceedings.
- Cases
- Sale of Property
- Interim Relief
- Joinder of Third Parties
- Trusts
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
!09/09/2024 14:54
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AT v BT [2023] EWHC 3531 (Fam)6 November 2023
Final hearing in a financial remedy application in which issues included undue pressure reducing weight of PNA, compensation, and non-matrimonial assets.
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Agreements
- Experts
- Tax
- Compensation Principle
- Valuations
- Trusts
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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
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GW v GH [2023] EWFC 298 (B)12 October 2023
District Judge Napier held that the best interests of the children were the first but not the only consideration in MRC 1973 s 25. The CAO had not specified ‘private’ education, and the FRC should not prioritise private education to the detriment of other emotional and physical needs of the children. The judge refused to make a school fees order to ‘encourage’ the trustees to pay school fees.
- Cases
- Costs
- Trusts
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Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
- Trusts
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ES v SS [No.2] [2024] EWFC 5918 March 2024
Sir Jonathan Cohen: determination as to the distribution of trust assets following a final hearing.
- Cases
- Costs
- Tax
- Trusts
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HO v TL [2023] EWFC 2151 December 2023
Peel J. Final hearing. Guidance on factors relevant to valuing a private company; accessibility of extricating money from trusts per Charman; and extent of matrimonialisation of H’s extra-marital financial contributions.
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Variation of Settlements
- Valuations
- Trusts
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2023] EWCA Civ 104815 September 2023
King LJ, Moylan LJ and Popplewell LJ. Appeal concerning the role of a litigation lender in financial remedy proceedings.
- Cases
- Litigation Funding
- Appeals
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
- Trusts
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SS v IS [2023] EWHC 1544 (Fam)14 June 2023
Roberts J. Final hearing in financial remedy proceedings with issues around spousal maintenance, offshore trusts and non-matrimonial assets.
- Cases
- Matrimonial and Non-Matrimonial Property
- Spousal Maintenance (Quantum)
- Special Contribution
- Trusts
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