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  • The widow brought claims against the two daughters of her deceased husband. Deputy Master Linwood found that the will did not make reasonable financial provision for her, and awarded the widow her proposed nursing home charges plus an amount for pension loss, totalling £731,309. One daughter’s conduct included financial abuse, oppression via court proceedings, and attempting to mislead various parties including the court. She had flouted court orders, dissipated savings and investments, and failed to account for her activities as executor, the holder of the power of attorney and the recipient of rent. He drew adverse inferences against her and found that she should forfeit £80,000 of her share of the residue to the widow. The other daughter would forfeit £1000. Judgment, 08/07/2019, free
  • A preliminary issue hearing was held to determine the length of the marriage, the impact of the separation agreement, and whether there was any marital acquest. Cohen J concluded that the parties, a businesswoman and an artist, separated in 2004. There was no marital acquest; the wife had been dependent upon her family's wealth throughout. The agreement had been what the husband had sought. The only ground for vitiating the agreement would be if it did not meet his needs. Judgment, 27/06/2019, free
  • A wife’s claim for financial remedy orders, involving properties, companies and debts owed by the couple to the wife's father. The valuation of a company was a major issue, and there was a question as to whether a terminal value should be added. Cohen J preferred the wife's argument that it should not, and disregarded an unreliable best case scenario forecast. He declined to order a sale of shares, as desired by the wife. The husband was to pay the wife a lump sum of £8,948,930, to be reduced pro rata if his shareholding was diminished, plus £15,000 a year per child for school fees. One property would be transferred to the husband, the other to the wife. Judgment, 14/06/2019, free
  • The husband brought an appeal regarding the matrimonial home, which had been bought entirely with money inherited by the wife, arguing that the judge's approach had been unfair in some respects. McFarlane LJ found that there was a sound basis to some of the criticisms. The appeal was allowed, and the case remitted to the family court for rehearing. McFarlane LJ underlined the need for the wife to be represented by competent legal representation if at all possible, calling it a case which ought to justify exceptional funding by the Legal Aid Agency. Macur LJ and Henderson LJ agreed. Judgment, 28/05/2019, free
  • The wife applied for financial remedies, having had a freezing order granted on some of the husband's funds. The husband had instructed solicitors but failed to engage in proceedings, and after he was found to lack capacity to litigate the Official Solicitor was appointed. Moor J rejected the wife's case for a second home in London, but came to the conclusion that an appropriate budget was £175,000 per year for the rest of her life, making for an overall award of over £7 million. She was also awarded five additional maintenance payments to reflect that she would be kept out of her money for five years. Judgment, 20/05/2019, free

Latest know-how

Latest training

  • 12 questions on 3 cases summarised in the May 2018 Family Law Hub Digest CPD course, 05/06/2018, members only
  • Joe Switalski, of 29 Bedford Row, reviews the current case law and judicial thinking surrounding 'short marriages' in financial remedy proceedings. Recorded 19 March 2018. Webcast, 21/03/2018, 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
  • Matthew Long, from 29 Bedford Row, reviews the caselaw regarding maintenance and variation of maintenance Webcast, 28/09/2017, members only
  • Recording of webinar first broadcast on 8 February 2017 Webcast, 10/02/2017, members only

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