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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

SS v IS [2023] EWHC 1544 (Fam)

Judgment date: 14 June 2023 https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/1544 Roberts J. Final hearing in financial remedy proceedings with issues around spousal maintenance, offshore trusts and non-matrimonial assets. Background The parties met as students in 2003 in Russia and married in 2004. They had essentially no

Financial Remedies Practice 2023/24 – a Review

Financial Remedies Practice 2023/24 – a Review

As the summer draws to a close, even with school days long behind many family lawyers, September brings with it a sense of new beginnings. But, instead of focusing on a new uniform and pencil case, one of the things we should be looking at are the key textbooks to

To Deduct or Not to Deduct: That Remains the Question After Collardeau-Fuchs

To Deduct or Not to Deduct: That Remains the Question After Collardeau-Fuchs

White v White [2000] 2 FLR 981 is rightly known for its fundamental reset of the principles that govern financial remedy claims. One perhaps lesser commented upon aspect of Lord Nicholls of Birkenhead’s speech is at p. 996 when he referred to Mrs White’s criticism of the use