FRJ stage

Conduct

Impact of Conduct on Needs

Impact of Conduct on Needs

Introduction In exercising its powers in financial remedy proceedings, the court is required to have regard to the ‘conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it’: s 25(2)(g) Matrimonial Causes Act

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

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’

Conduct and Its Consequences: Goddard-Watts and TK v LK

Conduct and Its Consequences: Goddard-Watts and TK v LK

In a timely and thought-provoking article published on the FRJ website in October last year (‘Is It Time to Consign the “Gasp” Factor to the History Books?’), Olivia Piercy and Anita Mehta considered the decisions of Sir Jonathan Cohen in Traharne v Limb [2022] EWFC 27, Her Honour Judge Reardon

TK v LK [2024] EWFC 71

https://www.bailii.org/ew/cases/EWFC/HCJ/2024/71.html Mr Nicholas Allen KC (sitting as a deputy High Court judge). Summary Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance

Collardeau v Fuchs & Anor [2024] EWHC 642 (Fam)

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/642 Knowles J. Costs in relation to: * dismissal of W’s contempt application against H and Mr Harrison, the owner of a company that provided management services to H and W; * withdrawal by H of his application to debar W’s solicitor

KA v LE [2023] EWFC 266 (B)

https://caselaw.nationalarchives.gov.uk/ewfc/b/2023/266 DDJ Mark Harrop. Final hearing in FR proceedings with consideration of relevance to findings in children proceedings that H had bullied, coerced and controlled W throughout the whole of their marriage. The first issue was whether there should be an adjournment