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The Brief: Financial Remedy Update from 4PB for November 2022
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Welcome to ‘The Brief’. Each month we provide an update of case law changes to legislation and outline any new rules in relation to financial remedies procedure … hopefully with some insight from the ground.
Cases
X v Y [2022] EWFC 95
- Court could not draw firm conclusions about whether H had had genuine business success or was making it up and as such though there was some photographic evidence of a luxury lifestyle there was no solid evidence of any assets in H’s name. In such circumstances the usual objective of finality of litigation can be overridden to enable W to relitigate claims should better evidence emerge.
- An order for PPs can also be made where there is no evidence of current income but there is evidence of earning capacity.
- Judgment published to bring wider attention to the ability of dishonest parties to manufacture documents.
An unusual case by all standards! HHJ Hess made a finding that H among other things ‘dishonestly and falsely manufactured bank statements’ that appeared to be genuine until genuine documents for the same period were recovered direct from the bank and compared. H was...
Read the full article here.
