Recent Case Summaries
Patel v. Mirza [2016] UKSC 42
The UK Supreme Court expressly depart from the ‘reliance test’ for ex turpi causa as established in Tinsley v. Milligan FACTS Between September and December 2009, Mr. Patel transferred £620,000 to Mr...
Morris v Morris [2016] EWCA Civ 812
10 August 2016 Consideration of an appeal from a suspended committal order, a variation of periodical payments order, and an order for costs in an application for judgment summons Facts After a 25-ye...
Ely v Robson [2016] EWCA Civ 774
26 July 2016 An appeal of a decision under TOLATA 1996 involving an estoppel argument based on a settlement agreement between the parties. Facts Mr Ely and Ms Robson were in a relationship and had tw...
BC v DE [2016] EWHC 1806 (Fam)
21 July 2016 Order for payment of an interim lump sum for legal services (both outstanding and prospective costs) in proceedings under Schedule 1 and s.8 of the Children Act 1989 Facts The mother br...
MG v FG (Schedule 1 – Application to strike out Estoppel Legal Costs Funding) [2016] EWHC 1964 (Fam)
28 July 2016 Consideration of a strike out application in a claim under Schedule 1 to the Children Act 1989 Facts The mother (Australian) and father (British) married in Australia in 2006. They lived...
Grant & Another v. Baker [2016] EWHC 1782 (Ch)
An appeal by trustees in bankruptcy against an order for sale of a property be postponed until the respondent’s disabled adult daughter no longer lived at the property FACTS Mr. & Mrs Baker were...
Z v Z and Others [2016] EWHC 1720 (Fam)
13th July 2016 Consideration of the quantification element (‘Stage II’) of a ‘big money’ application under Part III of the MFPA 1984. Facts H and W were both Russian nationals who had married in Mos...
Juffali v Juffali [2016] EWHC 1684 (Fam)
30 June 2016 Consideration of an extreme ‘big money’ application under Part III of the MFPA 1984, with particular focus on the interplay between the marital standard of living and the Applicant’s ‘nee...
MCJ v. MAJ [2016] EWHC 1672 (Fam)
Treatment of non-matrimonial property FACTS The parties married in December 2000 when H was 68 and W 51. It was a second marriage for both parties. The assets were valued at just over £10m. They we...
Peng v Chai [2015] EWCA Civ 1312
Court of Appeal upheld the decision of Bodey J at first instance where the arguments before the court had centred on forum conveniens, but also drawn upon contentions of issue estoppel and abuse of pr...
Wyatt v Vince [2016] EWHC 1368 (Fam)
10 June 2016 Judicial approval of the settlement reached by agreement following the Supreme Court decision in Wyatt v Vince [2015] UKSC 14; consideration of reporting restrictions and the costs of a D...
Bataillon & Anr v Shone & Anr 2016 EWHC 1174 QB
8 June 2016 A claim by creditors under s.423 of the Insolvency Act 1986 to set aside the transfer of property between a separating husband and wife. Facts The claimants were creditors of the first...
K v. K (Financial Remedy Final Order prior Decree Nisi) [2016] EWFC 23
28 March 2016 Consideration of the validity of a financial remedies order made by the court prior to Decree Nisi being granted Facts A final order was made in financial remedies proceedings prior to...
Migliaccio v Migliaccio [2016] EWHC 1055 (Fam)
Consideration of whether a costs order can be enforced by way of a judgment summons. Facts H fell into arrears in respect of child periodical payments and an unpaid costs order. As part of a consent...
De Renee v Galbraith Marten [2016] EWCA Civ 537
Consideration of an appeal against the refusal of permission to apply for financial relief after an overseas divorce. Facts Following a divorce in Australia, W was refused permission to apply under P...
Davies & Another v Davies [2016] EWCA Civ 463
Consideration of an appeal as to the quantum of equitable relief after a successful claim in proprietary estoppel. Facts A daughter was granted equitable relief of £1.3m in a claim based on proprieta...
WS v WS [2015] EWHC 3941 (Fam)
Consideration of how to account for the relative value of pensions in draw down and pensions not in drawdown when offsetting. Facts A significant portion of the parties’ assets were held in pension f...
TM v. AH [2016] EWHC 572 (Fam)
Consideration of the joinder of trustees following an application to vary a nuptial settlement Facts W sought to vary two trusts (based in Switzerland and the BVI respectively) on the grounds that th...
NR v AB [2016] EWHC 277 (Fam)
Consideration of division of capital where H’s funds were predominantly inherited, and held in a joint family structure; review of Thomas v Thomas resources and variation of nuptial settlements. Facts...
Aburn v Aburn [2016] EWCA Civ 72
Successful appeal against an automatic variation of maintenance provision. Facts An order had been made that spousal maintenance was to increase automatically by half the value of the private school...
Rapp v Sarre (formerly Rapp) [2016] EWCA Civ 93
Appeal based on the use of capital to meet needs and the allocation of high-risk assets. Facts H was previously an oil trader, but had lost his job due to cocaine and alcohol abuse. HHJ Everall QC...
Mann v Mann [2016] EWHC 314 (Fam)
The latest iteration in on going enforcement proceedings following a 1999 divorce, including consideration of what sums can be properly enforced and the application of the Limitation Act 1980 to claim...
DB v DLJ [2016] EWHC 324 (Fam)
Mostyn J reviews the law on challenging arbitral awards, mistake and Barder events. Facts H made an application for notice to show cause as to why an order should not be made in the terms of an arbit...
AB v CD [2016] EWHC 10 (Fam)
Successful application by H to set aside a consent order on the basis of the wife’s material non-disclosure. Facts As part of the settlement, H transferred to W his 4.6% shareholding in the wife’s co...
Kanev-Lipinski v Aharon Lipinski and Others [2016] EWHC 475 (QB)
The court refused to continue a freezing order and asset preservation order that the claimant wife had obtained in support of proceedings in the Israeli Family Court. Facts The orders had been obtain...
Robertson v Robertson [2016] EWHC 613 (Fam)
Big money case involving issues of matrimonial and non-matrimonial property, passive growth, and special contributions. Held Holman J stated that the methodology for accounting for passive growth set...
S v J and Others [2016] EWHC 559 (Fam)
Application for declaratory relief pursuant to s17 of the Married Women’s Property Act 1882 in relation to four central London properties. Facts Although the parties were engaged and underwent a cere...
Work v Gray (Phase II: Computation and Distribution) [2016] EWHC 562 (Fam)
‘Phase II’ of financial remedy proceedings where Roberts J considered how to distribute the parties’ significant assets in accordance with the order of Holman J at ‘Phase I’, which required them to be...
Al-Juffali v Estrada & Another [2016] EWCA Civ 176
H’s unsuccessful appeal against Hayden J’s dismissal of his application to strike out W’s claim for financial remedies on the basis of his diplomatic immunity. Held The Court of Appeal held that the...
Besharova v Berezovsky [2016] EWCA Civ 161
Court of Appeal considers a point of construction in consent order reached between a (now deceased) Russian oligarch and his former wife. Facts A provision in the order provided for W to receive (wit...
Liden v Burton [2016] EWCA Civ 275
Court of Appeal upholds the decision of the first instance judge awarding Ms Liden a 10% interest in her ex-partner’s (Mr Burton’s) property as a result of an application of the doctrine of proprietar...
Mutch v Mutch [2016] EWCA Civ 370
Successful appeal by a wife against the setting aside of an order extending the term of her spousal periodical payments. Facts The application (which did not mention the extension sought) had to be r...
W v H (No 2) (Contempt, contents of application notice) [2015] EWHC 2436 (Fam) and W v H (No 3) (Contempt in financial remedy proceedings and costs) [2016] EWHC 2482 (Fam)
Parker J reviewed the law on committal for contempt of court and sentencing for the same. Parties H was in breach of multiple orders, initially to provide security for certain payments in the form o...