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- In proceedings for the enforcement of an ancillary relief award, the wife had made an application for disclosure by the tenth respondent, her son, to whom she claimed monetary assets had been transferred by the husband, and the son had applied for disclosure of her funding arrangements and various documents upon which she relied. Knowles J concluded that the son's counterclaim should be struck out. He had no entitlement to seek any relief in respect of the wife's funding arrangements and had failed to demonstrate that there were legally recognisable grounds for challenging their legality. It was decided that the son should disclose documents containing receipts of $100,000 or more, and various other requests were also to be answered. As to the son's application for disclosure, it did not breach Article 6 for the wife to hold on to irrelevant documents. The son had no need to see documents which the wife's solicitors were satisfied did not contain any personal or financial information relating to him. The son also made an application, unsupported by any witness statement, for a reporting restriction order, with the goal of preventing his personal finances from being made public. The case had generated a good deal of media interest. Knowles J decided that the draft order as it stood would inhibit responsible reporting of the proceedings, but he was persuaded that there should be an order to prevent the son's address and other personal information being included in reports. Judgment, 13/06/2020, free
- The children had repeatedly told their guardian, and through her the court, that they wanted to continue living with their mother in England. The Spanish court had ordered that they live with their father in Spain. Russell J DBE found that on any objective and neutral analysis both children were habitually resident in England. They were settled here and were fully integrated into their schools and social environment. There was no significant evidence contrary to such a finding, and jurisdiction was with and in this court. The mother's appeal against enforcement of the Spanish order was allowed. The children would live with her, and would have contact with the father, subject to him providing written permission for the renewal of the children's passports, and documentary evidence that the Spanish order had been discharged and all criminal complaints in Spain against the mother had been dropped. Judgment, 06/02/2020, free
- The former wife sought a Hadkinson order barring the husband from proceeding with an appeal in Family Law Act proceedings unless he made good the default in his payments of child maintenance. Cohen J noted that this might be the first time the Hadkinson principle was extended to cover proceedings which were related but not identical. However, the remedy could be extended to this situation, and the husband's appeal in the related matter would be struck out unless he paid the maintenance due. Judgment, 27/01/2020, free
- 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
- The wife was seeking to enforce a financial order made in her favour. It had been the largest financial order ever made in favour of a wife in the jurisdiction and the husband had not paid a penny of it. She now made this application in respect of documents which had been obtained from a former employee of the husband, who was now assisting in her litigation enforcement efforts. An application for directions pursuant to UL v BK should have been made when the documents were received, but was not. Given that this was a case involving fraud and evasion on the husband's part, Knowles J directed that the wife and her lawyers were entitled to retain and use certain of the documents as if they had been disclosed by the husband, including those that were potentially privileged. Knowles J also gave guidance as to what should be done in similar situations in future. Judgment, 27/11/2019, free
Latest know-how
- In a tweet: No formal process for applying for permission to enforce arrears that are 12months+ Case note, 26/10/2018, members only
- In a tweet: Non-payment of legal services payment order is an insurmountable impediment to the course of justice; here, non-payment led to a Hadkinson order preventing H from pursuing an appeal in a forum dispute Case note, 26/10/2018, members only
- In a tweet: Corporate veil pierced after H conceals assets in various off-shore corporate entities Case note, 15/05/2018, members only
- In a tweet: Freezing order made in excess of amount owed by respondent Case note, 11/04/2018, members only
- Standard family order as approved by the President 30 November 2017 Order, 19/01/2018, members only
Latest training
- Tim Scott QC of 29 Bedford Row tries to make sense of what might happen to international family cases after 29th March next year and reviews a few recent key international finance cases. Recorded September 2018. Webcast, 07/10/2018, members only
- Alexis Campbell QC and Charlotte Trace, of 29 Bedford Row, review the key financial remedy cases and themes from the past 12 months and look at how they will affect judicial thinking and your own cases in the year to come. Webcast, 16/03/2018, members only
- Webinar broadcast on 21 January 2014 presented by Amber Sheridan and Petra Teacher of 29 Bedford Row Webcast, 21/01/2014, registration required
- Get up to date with all the latest changes to the family justice and procedure presented by David Salter of Mills & Reeve. Webcast, 01/06/2012, registration required
Latest sources
- Form (external), 05/04/2017, free
- Form (external), 05/04/2017, free
- Form (external), 05/04/2017, free
- Form (external), 05/04/2017, free
- Form (external), 05/04/2017, free