Case Summaries

Judgment of Mr Justice Cohen on the “needs claim” of the applicant husband, who described himself as a “struggling artist”, against his former wife who had resources of £50 million. The judgment provides a firm reminder of costs rules, amplified by the recent amendments to FPR 2010 Practice Direction 28A, where a party fails to litigate sensibly and to engage in sensible negotiations.

In this case Mr Justice Cohen granted, for what appeared to be the first time, a Hadkinson order to cover proceedings which were not identical, albeit related. The effect of the order was to strike out an appeal in Family Law Act proceedings unless the respondent made good the admitted default in Financial Remedy proceedings.

Complex big money financial remedies appeal raising issues of non-matrimonial property. Finding at first instance of a ‘special contribution’ overturned by the Court of Appeal.
W’s share increased from £152 million to £182 million.

Fact finding hearing in which the conduct of the police during the ABE interviewing process rendered the evidence unreliable

Judgment of Mr Justice Mostyn in financial remedy proceedings, dealing with the valuation of music-related income streams, and providing guidance on the treatment of future earnings, amortisation, and the calculation of child support in “top-up” cases.

Judgment following a finding of fact hearing concerning a young child with significant head injuries.

Application by consent to vary FGM protection orders to allow greater freedom to travel

Principles of open justice and their application to cases conducted in private

The Court of Appeal dismissed an appeal against an order that Wakefield should be the designated authority in respect of care proceedings regarding a child who was found to have no ordinary residence. Lady Justice King, giving the judgment of the court, reminded local authorities that designation disputes consume time and scarce financial resources, which are better spent on the children at the centre of such arguments.