FRJ stage

Cases

Part III Housing Need Conduct Costs Appeals

Xanthopoulos v Rakshina [2024] EWCA Civ 84

https://www.bailii.org/ew/cases/EWCA/Civ/2024/84.html King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings. Background On 17 May 2023 Sir Jonathan Cohen made final orders disposing of W’s

Sale of Property Needs

The Husband v The Wife [2024] EWFC 64 (B)

https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/64 HHJ Willans. Needs case involving impressive parties with strong and opposing views over what has happened and what constitutes a fair outcome. The parties had agreed: (i) a PSO in respect of H’s pension; (ii) that there should be a

Children Act 1989 Schedule 1 Applications Appeals

Re A v B (Schedule 1: Arbitral Award: Appeal) [2024] EWHC 778 (Fam)

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/778 Cobb J. A root and branch assault leads to the conclusion that the court is not limited to the ‘four corners’ of Schedule 1 and can make orders that require a party to borrow. Background M’s appeal of HHJ Evans-Gordon’

Committal Applications and Judgment Summonses Enforcement

Hersman v De Verchere [2023] EWHC 3481 (Fam)

https://www.bailii.org/ew/cases/EWHC/Fam/2023/3481.html Moor J. Successful application by H for W’s committal to prison for non-compliance with orders from 2019 and 2023. This litigation has been ongoing for quite some time with the financial remedy proceedings being heard by Mostyn J

Pensions on Divorce Appeals Setting Aside Orders (Including Barder Applications) Trusts

Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/03

https://www.judgments.im/content/J3125.htm Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO

Foreign Assets Release from Undertakings Conduct Costs International Enforcement

Hersman v De Verchere [2024] EWHC 905 (Fam)

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/905 Moor J. Enforcement proceedings following W’s failure to transfer a ski chalet to H. W previously committed to three months’ imprisonment but has not returned to the UK. H awarded £2.3m on account of lost rental profit and W’

Chattels Disclosure Family Procedure Rules Costs

KFK v DQD [2024] EWFC 78 (B)

https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/78 Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility. Summary of