Cases

Forum Conveniens divorce Jurisdiction Domicile

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

Special Measures Appeals Participatory Directions Setting Aside Orders (Including Barder Applications)

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

Costs Debts

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

Spousal Maintenance (Quantum) Pensions on Divorce Variation Applications Duxbury Capitalisation

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.

TLATA Applications Proprietary Estoppel

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

Agreements Appeals Child Support

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

Matrimonial and Non-Matrimonial Property Spousal Maintenance (Quantum) Special Contribution Trusts

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