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- The wife's judgment summons alleged the accrual of significant arrears. The husband claimed that he was subject to cashflow difficulties. Mostyn J was satisfied that there had been a sufficient change of circumstances and a sufficiency of evidential proof to justify a suspension, rather than a variation. The judgment summons would be adjourned while a private FDR took place. Judgment, 18/12/2019, free
- In a tweet: Debts were a fiction created by H to defeat W’s claims Judgment, 26/10/2018, free
- An interesting case involving the workings of the EU Maintenance Regulations, in particular: 1) that choice of court agreements following Article 4 can be quite informal, even through correspondence between solicitors; 2) that 'entering an appearance' following Article 5 can include taking steps within the proceedings such as exchange of Forms E or filing of a statement; and 3) that 'on an exceptional basis' within Article 7 is interpreted as 'by way of exception' and not 'extraordinary', widening the scope for use of this article. Also this case potentially widens the scope for Schedule 1 cases where the child does not reside in England. Judgment, 23/11/2015, free
- Application for maintenance pending suit. W seeking not less that £270k pa and the H offering £202k. Moylan J settles for the latter partly because the wife's claims did not arise from need. Judgment, 11/02/2015, free
- Long running financial remedy proceedings where the wife was seeking a settlement in England rather than Malaysia. This judgment involves an application to dismiss the wife's petition and consideration of MPS / legal funding prior to further hearings in the English courts. Judgment, 14/05/2014, free
Latest know-how
- In a tweet: Debts were a fiction created by H to defeat W’s claims Case note, 26/10/2018, members only
- Application for maintenance pending suit. W seeking not less that £270k pa and the H offering £202k. Moylan J settles for the latter partly because the wife's claims did not arise from need. Case note, 17/03/2015, members only
- Case note, 21/10/2009, members only
- Case note, 18/12/2008, members only
Latest sources
- Form (external), 01/04/2011, free