Cases

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

Publicity and Confidentiality Appeals Needs

Augousti v Matharu [2023] EWHC 1900 (Fam)

Judgment date: 10 August 2023 https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/1900 Mostyn J. Decision on permission to appeal on grounds which were considered to be totally without merit and applications for reporting restriction order. H advanced 21 grounds of appeal and made an application to adduce fresh

Disclosure Conduct Separation Agreement Costs

Susan Nancy Baker v Andrew Hartill Baker [2023] EWFC 136

Judgment date: 11 August 2023 https://www.bailii.org/ew/cases/EWFC/HCJ/2023/136.html Mostyn J. Final hearing of W's financial remedies claim, in which the main issue was whether H should be held to the terms of a separation agreement executed by the parties in