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Recent Case Summaries

Owens v Owens [2017] EWCA Civ 182

Appeal concerning the refusal to grant decree nisi despite correctly finding, as a matter of fact, that the marriage had broken down Facts Marriage of 37 years; 2 adult children [3]. W filed her pet...

DW and Another v CG [2016] EWHC 2965 (Fam)

Appeal concerning the effect of a party’s bankruptcy and declaration of trust on the other party’s equitable interest in a property, derived from a historical consent order. Facts The first appellan...

Thakkar v Thakkar & Others [2017] EWFC 13

Determination of preliminary issues as to the extent of the third parties’ beneficial interest in a holding company and the husband’s beneficial interest in a holding company and/or any of the underly...

Norman v Norman [2017] EWCA Civ 120

3rd March 2017 Application for permission to appeal an order dismissing a previous application to set aside a consent order made in 2005, following a similar refusal in 2010. Facts: The parties were...

Martin v Williams [2017] EWHC 491 (Ch)

13th March 2017 Appeal by separated wife against an award under the Inheritance (Provision for Family and Dependants) Act 1975 in favour of the deceased’s cohabitant Facts: The appellant was the wife...

J v U; U v J (No. 2) (Domicile) [2017] EWHC 449

08 March 2017 Judgment regarding the domiciles of the parties and whether England was the appropriate forum for the proceedings Facts: The husband was born in India and moved to England in 1957. His...

Ilott v The Blue Cross & Ors [2017] UKSC 17

15th March 2017 Supreme Court judgment concerning a claim under the Inheritance (Provision for Family and Dependants) Act 1975 brought by an estranged daughter who received no provision from her decea...

DJ v Secretary of State for Work and pensions and TJ (CSM) (Child support- receipt of benefit) [2017] UKUT 83 (AAC)

14th February 2017 Appeal considering whether a liability to pay child maintenance should end when a child begins full time employment Facts: The appellant is a non-resident parent who was liable to...

Roberts & Anor v Fresco [2017] EWHC 283 (Ch)

17 February 2017 Application for permission to amend a claim form and consideration of whether a potential Inheritance Act claim by a surviving husband against his late wife’s estate abates on his dea...

Assoun v Assoun [No. 2] [2017] EWCA Civ 179

28 March 2017 Consideration of whether permission should be granted to re-open an appeal (to amend Grounds of Appeal) after judgment had been circulated but not handed down formally: Part II Facts: A...

Assoun v Assoun [No. 1] [2017] EWCA Civ 21

28 March 2017 Court of Appeal decision considering the process of making a Hadkinson order: Part I Facts: On 22 November 2013 HHJ Brasse made a final order in the parties’ long-running financial reme...

Wodzicki v Wodzicki [2017] EWCA Civ 95

24th February 2017 Appeal concerning the beneficial ownership of an English property by virtue of resulting trust, common intention constructive trust, or proprietary estoppel Facts: An English prope...

K v K [2016] EWHC 3380 (Fam)

24th November 2016 Judgment regarding a decree of nullity where the parties agreed that there was nothing capable of recognition as a marriage Facts: H, aged 74, was married to his first wife in 1964...

G v S [2017] EWHC 365 (Fam)

24th February 2017 Judgment concerning outstanding disputes arising from a Xydhias agreement reached in a Schedule 1 Children Act 1989 claim Facts: The parties met in 2013. On the 23rd June 2014, the...

B v L [2016] EWFC 67

20th October 2016 Judgments in respect of a husband’s challenge to jurisdiction in divorce proceedings Facts: The parties married in 1995. W petitioned for divorce in England & Wales in 2016. Whi...

Norman v Norman [2017] EWCA Civ 49

Gloster LJ clarifies the law relating to the making of anonymity orders in financial remedies appeals to the Court of Appeal. Facts In 2005, the parties divorced and entered into a consent order, whi...

Johnson v Takieddine and Another [2016] EWHC 1895 (Fam)

Application under Part III of the Matrimonial and Family Proceedings Act 1984 by a wife following a French divorce. Facts After a marriage of over 20 years, the parties were granted a divorce by the...

X v X [2016] EWHC 3512 (Fam)

16th December 2016 Judgment by Bodey J considering whether a previous judgment should remain anonymised Facts: The substantive financial remedy proceedings had previously been decided by Bodey J. Pri...

Iqbal v Iqbal [2017] EWCA Civ 19

25th January 2017 Judgment considering procedural irregularities in interim and final hearings and the procedural protection under section 5(2) of the Debtors Act 1869 Facts: The parties had been en...

DB v PB [2016] EWHC 3431 (Fam)

22nd December 2016 Judgment in relation to the wife’s application for ancillary relief and provision under schedule 1 Children Act 1989 after the parties entered into prenuptial agreements which desig...

Briers v Briers [2017] EWCA Civ 15

23 November 2016 Summary Facts: The parties married in 1984 and separated in 2002. During the marriage, H started a sportswear trading business. When the parties separated, W took no further part in...

Hayatleh v Mofdy [2017] EWCA Civ 70

14 February 2017 Appeal against a decision in which a Syrian marriage was found to be valid Facts: In 1999, a religious marriage took place in Syria. The husband was not present, and his place was t...

Babiarz v Poland – 1955/10 (Judgment (Merits and Just Satisfaction)– Court (Fourth Section)) [2017] ECHR 13

10 January 2017   Application to the ECHR concerning whether Article 8 and Article 12 were breached by the Polish court’s refusal to grant a divorce   Facts: The husband, a Polish national,...

X v X (application for a financial remedies order) [2016] EWHC 1995 (Fam)

26th July 2016 Judgment of Bodey J considering when the value of company shares should be valued; whether a discretionary trust of which the husband was the primary beneficiary was a financial ‘resour...

Thum v Thum [2016] EWHC 2634 (Fam)

20 October 2016 Consideration of whether delay in serving the divorce petition had been tactical Facts W issued her divorce petition on 26 October 2015 and took no steps to serve it until 19 January...

Roocroft v Ball [2016] EWCA Civ 1009

14 October 2016 Consideration of whether the court was wrong to strike out and give summary judgment in relation to an application to set aside a consent on the grounds of material non-disclosure. Fa...

Horton v Henry [2016[ EWCA Civ 989

07 October 2016 Consideration as to whether a pension entitlement in respect of which a bankrupt has a present right to elect to draw down payment falls to be included in the assessment of his income...

Al-Baker v Al-Baker [2016] EWHC 2510 (Fam)

12 October 2016 Application pursuant to Part III MFPA 1984 for financial provision following an overseas divorce in which the husband failed to comply with disclosure obligations and court orders Fact...

AB v CD [2016] EWHC 2482 (Fam)

11 October 2016 Application for costs on the indemnity basis, including an immediate and substantial payment on account, following a successful application to set aside a consent order Facts H made a...

Magiera v Magiera [2016] EWCA Civ 1292

Appeal concerning jurisdiction under Article 22 (Brussels I) relating to the sale of UK-situs property in ToLATA proceedings Facts The parties divorced in 2013. Despite financial remedy proceedings (...

AB v FC [2016] EWHC 3285 (Fam)

Financial remedies application following a short marriage with one child where there was no marital acques Facts The husband was a professional footballer, receiving c.£900,000 net per annum and disc...

Sandhu v Sandhu [2016] EWCA Civ 1050

6 October 2016 Appeal in relation to the interpretation of a completion document in the determination of the beneficial interest in a property under TLATA. Facts The claimant father sought a determi...

Goddard-Watts v Goddard-Watts [2016] EWHC 3000 (Fam)

23 November 2016 Consideration of the court’s approach when rehearing a financial claim following a final order being set aside for non-disclosure.    Facts A final order was set aside because of the...

Goyal v Goyal [2016] EWFC 50

4 November 2016 Pension sharing order where the pension is outside of this jurisdiction. Facts The Court of Appeal had previously determined that it was impermissible for the court to make a mandator...

Robert v Woodall [2016] EWHC 2987(Ch)

25 November 2016 Dismissal of an oral renewal by a Trustee of Bankruptcy appealing the strike out of a claim under section 23 and 24 of the Matrimonial Causes Act 1973. Facts In June 2009, the husba...

Thakkar v Thakkar [2016] EWHC 2488 (Fam)

8 June 2016 Contested application to obtain decree absolute prior to the conclusion of the financial remedy proceedings Facts The wife petitioned for divorce contemporaneously with issuing a Form A f...

K v K (Appeal: Excessive Costs) [2016] EWHC 2002 (Fam)

29 July 2016 Costs order made against an applicant mother notwithstanding erroneous legal advice. Facts The mother successfully applied to register and enforce a Russian child arrangements order in...