Financial Remedies Journal - 2023 Issue 3 | Winter
2023 - Issue 3 - Winter
Latest
J v A [2023] EWFC 132
Judgment date: 21 July 2023
https://www.bailii.org/ew/cases/EWFC/HCJ/2023/132.html
H’s application for a stay of the English divorce proceedings commenced by W, in favour of his competing Nigerian divorce petition. H’s divorce petition was first in time. The judge found that
BF v LE [2023] EWHC 2009 (Fam)
Judgment date: 31 July 2023
https://www.bailii.org/ew/cases/EWHC/Fam/2023/2009.html
Mrs Justice Lieven. Appeal on the grounds (1) W lacked mental capacity at the final hearing on 9 September 2019 before DJ Parry and (2) a lack of participation directions and special measures. W
JD v RMD [2023] EWFC 125
Judgment date: 14 July 2023
https://www.bailii.org/ew/cases/EWFC/HCJ/2023/125.html
DDJ Hodson. A financial remedy application where the debts and costs exceeded the assets. The only available asset was the equity in two properties in H’s sole name, namely the family home and
WK v GC [2023] EWFC 151
Judgment date: 28 April 2023
https://www.bailii.org/ew/cases/EWFC/HCJ/2023/151.html
HHJ Hess. Approach to quantifying capitalisation of spousal maintenance some years after original order.
W aged 60 and had raised three now-adult children. H was 67 and retired from financial role in oil industry.
Michael Spencer v Estate of John Spencer (Deceased) & Ors [2023] EWHC 2050 (Ch)
Judgment date: 09 August 2023
https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2050
Rajah J. Proprietary estoppel case involving a farm including approach to detriment and remedy post-Guest.
Applicant Michael Spencer farmed in partnership with his father, John Spencer, deceased, on land owned by John. John’s Will left
DT v Secretary of State for Work and Pensions (CSM) [2023] UKUT 175 (AAC)
Judgment date: 17 July 2023
https://www.bailii.org/uk/cases/UKUT/AAC/2023/175.html
Deputy Upper Tribunal Judge Rowland. Appeal against decision of First-tier Tribunal regarding the correct income figure upon which to base a Child Maintenance calculation. Appeal allowed.
Legal framework
* Decisions under the ‘2012 scheme’ are