In this ground-breaking case, a Part III MFPA 1984 claim was founded solely on an interest in a matrimonial home in the jurisdiction.
The Court of Appeal allowed an appeal against an order in financial remedy proceedings directly against a discretionary trust, of which the husband was a potential beneficiary, to make a lump sum payment to the wife. The judge had had no power under the Matrimonial Causes Act 1973 s.23(1) to make such an order against a third party.
Mrs Justice Roberts dismisses Wife’s attack of a trust owning shares in companies worth £50m
Court of Appeal dismisses proposed appellant’s application to set aside consent order made in financial remedy proceedings
Wife’s appeal in financial remedy proceedings in which she sought an anonymity order and argued that the law in this regard should change. Appeal refused
Court of Appeal confirms it is possible to make a Pension Sharing Order in relation to a pension based outside the jurisdiction, and that injunctions made under s.37 Senior Courts Act 1981 does not create freestanding jurisdiction to make substantive orders – it is an ancillary power only
In an application for maintenance, Parker J was required to determine whether the courts in Scotland or in England and Wales had jurisdiction. In concluding that the husband’s writ did not constitute an application for maintenance in accordance with the European Maintenance Regulation, it was held that the English court had jurisdiction and an order for interim maintenance was made
Committal application arising in Schedule 1 proceedings arising from alleged failure of the Respondent to complete properly a Form E. Judge finds a wilful breach and sentences Respondent to 14 days’ imprisonment, suspended for a short period to allow one last opportunity to comply with the Order