Judge v Judge & Ors [2008] EWCA Civ 1458
Conservative Party grandee defeated his former wife's attempt to reopen their divorce settlement after he withheld £14 million to reimburse a charity but never paid it.
Ansari v Ansari & Ors [2008] EWCA Civ 1456
Ansari v Ansari & Ors [2008] EWCA Civ 1456
Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would not be used to set aside, as a consequence of setting aside the original reviewable disposition under the Act, a charge, not in itself a reviewable disposition which had been granted by the purchaser on the security of the property.
Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would not be used to set aside, as a consequence of setting aside the original reviewable disposition under the Act, a charge, not in itself a reviewable disposition which had been granted by the purchaser on the security of the property.
M-D v D [2008] EWHC 1929 (Fam)
M-D v D [2008] EWHC 1929 (Fam)
Appeal by wife against ancillary relief order on basis that the order had failed to make sufficient provision for her pension. Appeal allowed and husband ordered to pay further lump sum of £35,000.
Appeal by wife against ancillary relief order on basis that the order had failed to make sufficient provision for her pension. Appeal allowed and husband ordered to pay further lump sum of £35,000.
Bird v Secretary of State for Work and Pensions & Anor [2008] EWHC 3159 (Admin)
Bird v Secretary of State for Work and Pensions & Anor [2008] EWHC 3159 (Admin)
Magistrates were not obliged to make a liability order if satisfied that payment had been made by the liable person but by a method other than that notified by the Child Support Agency.
Magistrates were not obliged to make a liability order if satisfied that payment had been made by the liable person but by a method other than that notified by the Child Support Agency.
Moore v Moore [2008] EWCA Civ 1599
Moore v Moore [2008] EWCA Civ 1599
Application for permission to appeal in ancillary relief proceedings. Application adjourned for hearing before full bench.
Application for permission to appeal in ancillary relief proceedings. Application adjourned for hearing before full bench.
P (A Child), Re [2009] EWCA Civ 376
P (A Child), Re [2009] EWCA Civ 376
Application for permission to appeal by maternal great-grandparents against care and placement orders - judge 'reached a permissible conclusion by the correct route. Her judgment cannot be criticised and an appeal against it would stand no reasonable prospect of success' -accordingly, the application for permission to appeal was refused.
Application for permission to appeal by maternal great-grandparents against care and placement orders - judge 'reached a permissible conclusion by the correct route. Her judgment cannot be criticised and an appeal against it would stand no reasonable prospect of success' -accordingly, the application for permission to appeal was refused.
MacLeod v MacLeod [2008] UKPC 64
MacLeod v MacLeod [2008] UKPC 64
Appeal by husband from the Manx courts to the Privy Council against a judge’s decision to exercise his discretion to alter a post nuptial agreement. Appeal allowed.
Appeal by husband from the Manx courts to the Privy Council against a judge’s decision to exercise his discretion to alter a post nuptial agreement. Appeal allowed.
In re M (a Child) (Nonaccidental injury: Burden of proof)
In re M (a Child) (Nonaccidental injury: Burden of proof)
Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.
Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.
T v B & Anor [2008] EWHC 3000 (Fam)
T v B & Anor [2008] EWHC 3000 (Fam)
Application by mother under Schedule 1 of the Children Act 1989 - Restraint Order freezing father's assets - mother applied to be joined to the restraint proceedings for the purpose of having access to the documents filed by the Prosecutor in those proceedings - application refused.
Application by mother under Schedule 1 of the Children Act 1989 - Restraint Order freezing father's assets - mother applied to be joined to the restraint proceedings for the purpose of having access to the documents filed by the Prosecutor in those proceedings - application refused.
Rothwell v Rothwell [2008] EWCA Civ 1600
Rothwell v Rothwell [2008] EWCA Civ 1600
Judgment concerning costs after a failure of a mediated agreement in ancillary relief proceedings. No order for costs was made.
Judgment concerning costs after a failure of a mediated agreement in ancillary relief proceedings. No order for costs was made.
KSO v MJO & Ors [2008] EWHC 3031 (Fam)
KSO v MJO & Ors [2008] EWHC 3031 (Fam)
Mr Justice Munby bemoans ancillary relief litigation conducted at 'ruinous expense'.
Mr Justice Munby bemoans ancillary relief litigation conducted at 'ruinous expense'.
A B v J L B [2008] EWHC 2965 (Fam)
A B v J L B [2008] EWHC 2965 (Fam)
Brussels II bis - mother issued divorce in London, father issued proceedings in the Netherlands, where the parties were residing - mother applied to have proceedings relating to child transferred to London - application dismissed.
Brussels II bis - mother issued divorce in London, father issued proceedings in the Netherlands, where the parties were residing - mother applied to have proceedings relating to child transferred to London - application dismissed.
Ella v Ella [2008] EWHC 3258 (Ch)
Ella v Ella [2008] EWHC 3258 (Ch)
Application to annul a bankruptcy order so as to free up progress of ancillary relief proceedings. Application successful.
Application to annul a bankruptcy order so as to free up progress of ancillary relief proceedings. Application successful.
K v K [2008] EWHC 2553 (Fam)
K v K [2008] EWHC 2553 (Fam)
The husband applied for a variation of the periodical payments order, seeking to impose a term on the wife's maintenance and to capitalise the payment to achieve a clean break. The wife cross-applied for an upward variation of the maintenance and capitalisation - husband moved to Israel and wife to California - husband argued that the Californian court was better placed to decide the issues between the parties - Held that the proper forum for resolution of the financial issues between the parties was England, not California.
The husband applied for a variation of the periodical payments order, seeking to impose a term on the wife's maintenance and to capitalise the payment to achieve a clean break. The wife cross-applied for an upward variation of the maintenance and capitalisation - husband moved to Israel and wife to California - husband argued that the Californian court was better placed to decide the issues between the parties - Held that the proper forum for resolution of the financial issues between the parties was England, not California.
P (A Child) [2008] EWCA Civ 1607
P (A Child) [2008] EWCA Civ 1607
Application, by mother, for permission to appeal refusal for leave to apply to revoke a placement order on the grounds of a change in circumstances where the child suffered severe medical problems. Application refused.
Application, by mother, for permission to appeal refusal for leave to apply to revoke a placement order on the grounds of a change in circumstances where the child suffered severe medical problems. Application refused.
Radmacher v Granatino [2008] EWCA Civ 1304
Radmacher v Granatino [2008] EWCA Civ 1304
Application by wife for permission to appeal orders in ancillary relief proceedings involving a German wife, French husband and a pre-nuptial agreement. Application allowed.
Application by wife for permission to appeal orders in ancillary relief proceedings involving a German wife, French husband and a pre-nuptial agreement. Application allowed.
W v H [2008] EWHC 2038 (Fam)
W v H [2008] EWHC 2038 (Fam)
Judgment setting out directions in big money ancillary relief proceedings where the husband was seeking Notice to Show Cause for a hearing in a situation where he claimed that an agreement had already been concluded.
Judgment setting out directions in big money ancillary relief proceedings where the husband was seeking Notice to Show Cause for a hearing in a situation where he claimed that an agreement had already been concluded.
Re A (A Child: Joint Residence/Parental Responsibility) [2008] EWCA Civ 867
Re A (A Child: Joint Residence/Parental Responsibility) [2008] EWCA Civ 867
Appeal by mother against joint residence and parental responsibility orders in protracted contact case. Appeal dismissed.
Appeal by mother against joint residence and parental responsibility orders in protracted contact case. Appeal dismissed.
El Farargy v El Farargy & Ors [2008] EWCA Civ 884
El Farargy v El Farargy & Ors [2008] EWCA Civ 884
Application for permission to appeal findings in complex ancillary relief proceedings. Application refused.
Application for permission to appeal findings in complex ancillary relief proceedings. Application refused.
NG v KR (Pre-nuptial contract) [2008] EWHC 1532 (Fam)
NG v KR (Pre-nuptial contract) [2008] EWHC 1532 (Fam)
Judgment in big money case involving consideration of a pre-nuptial agreement valid under German Law
Judgment in big money case involving consideration of a pre-nuptial agreement valid under German Law
Milton v Milton [2008] EWCA Civ 926
Milton v Milton [2008] EWCA Civ 926
Application by husband for permission to appeal, with appeal to follow, order in ancillary relief proceedings allowing wife three years to pay a lump sum. Appeal allowed.
Application by husband for permission to appeal, with appeal to follow, order in ancillary relief proceedings allowing wife three years to pay a lump sum. Appeal allowed.
R (A Child) [2008] EWCA Civ 1619
R (A Child) [2008] EWCA Civ 1619
Appeal against findings in preliminary fact finding hearing arising from residence applications involving allegations of domestic violence. The appeal was on the ground that the evidence was only partially heard. Appeal allowed.
Appeal against findings in preliminary fact finding hearing arising from residence applications involving allegations of domestic violence. The appeal was on the ground that the evidence was only partially heard. Appeal allowed.
Whitehouse-Piper v Stokes [2008] EWCA Civ 1049
Whitehouse-Piper v Stokes [2008] EWCA Civ 1049
Appeal by wife against orders in ancillary relief proceedings where a circuit judge, of his own motion, raised a point as to jurisdiction.
Appeal by wife against orders in ancillary relief proceedings where a circuit judge, of his own motion, raised a point as to jurisdiction.
Paulin v Paulin [2008] EWCA Civ 900
Paulin v Paulin [2008] EWCA Civ 900
Application by husband for permission to appeal decision to annul a bankruptcy order in the course of ancillary relief proceedings. Application granted.
Application by husband for permission to appeal decision to annul a bankruptcy order in the course of ancillary relief proceedings. Application granted.
Zeiderman v Zeiderman [2008] EWCA Civ 760
Zeiderman v Zeiderman [2008] EWCA Civ 760
Second appeal by husband against orders in ancillary relief proceedings. Appeal allowed.
Second appeal by husband against orders in ancillary relief proceedings. Appeal allowed.
McCartney v McCartney [2008] EWHC 401 (Fam)
McCartney v McCartney [2008] EWHC 401 (Fam)
Judgment in ancillary relief proceedings involving a short marriage, one child and significant wealth brought into the marriage by the husband.
Judgment in ancillary relief proceedings involving a short marriage, one child and significant wealth brought into the marriage by the husband.
Dixon v Marchant [2008] EWCA Civ 11
Dixon v Marchant [2008] EWCA Civ 11
Appeal against decision that the re-marriage of a wife shortly after she had been awarded a lump sum did not constitute a Barder event. Appeal dismissed.
Appeal against decision that the re-marriage of a wife shortly after she had been awarded a lump sum did not constitute a Barder event. Appeal dismissed.
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