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Polly Morgan | Case Editor

Polly Morgan | Case Editor

Polly Morgan is the sole author of the textbook Morgan's Family Law (2nd edn, Oxford University Press 2024) as well as the author of a number of Law...

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Financial Remedies Case Round-Up: May to October 2022

Financial Remedies Case Round-Up: May to October 2022

Welcome to this round-up of developments since the second issue of the Financial Remedies Journal (FRJ) went to press in April 2022. All (yes, all) cases involving the financial consequences of married or unmarried relationship breakdown, or the maintenance of children, are summarised on the FRJ website[[1]] by an

Guest v Guest [2019] EWHC 869 (Ch)

https://www.bailii.org/ew/cases/EWHC/Ch/2019/869.html HHJ Russen QC. The claimant, Andrew Guest, worked on his parents’ farm for thirty years for a lower wage than someone with his skills could have achieved elsewhere, in reliance – he argued – on his father’s promise, with his

Guest v Guest [2020] EWCA Civ 387

https://www.bailii.org/ew/cases/EWCA/Civ/2020/387.html Floyd, Newey, and Arnold LJJ. Appeal from a decision of HHJ Russen QC, summarised here, that the claimant, Andrew, had relied to his detriment on assurances made by his father with this mother’s tacit agreement that he would

Brake & Anor v Guy & Ors [2022] EWHC 1746 (Ch)

https://www.bailii.org/ew/cases/EWHC/Ch/2022/1746.html HHJ Paul Matthews. Application for a third party debt order (TPDO; formerly a garnishee order) against the trustees of Mr Brake’s SIPP. The debt was in relation to the costs of litigation lost by Mr Brake. Brake had

X v Y [2022] EWFC 95

https://caselaw.nationalarchives.gov.uk/ewfc/2022/95 HHJ Hess. Financial remedy judgment in which the wife’s capital claims were adjourned for a decade in view of dishonest fabrication of bank statements by H and uncertainty as to assets. Judgment published ‘to draw wider attention to the ability of

SC v TC [2022] EWFC 67

https://caselaw.nationalarchives.gov.uk/ewfc/2022/67 HHJ Hess. Financial remedies case involving postnuptial agreement, in which H had, in the face of a foreshortened life expectancy caused by Parkinson’s disease, voluntarily relinquished his clear entitlement both to sharing and to a needs-based award. After H visited a

Barclay v Barclay [2022] EWHC 2026 (Fam)

Cohen J. Three judgment summonses brought by Lady Hiroko Barclay against former husband Sir Frederick Barclay for admitted breaches of (1) two £50m lump sum financial remedy orders from 2021, (2) a legal services payment order, and (3) arrears of maintenance. Sir Frederick argued that his assets were tied up