The Court of Appeal gave judgment following the Wife s appeal against an order of HHJ Oliver.
The parties had married in 2009 and separated in 2019. The Wife subsequently commenced divorce and financial remedy proceedings in April 2019. The Wife applied for maintenance pending suit. The application was heard by a deputy district judge in October 2019 and the Husband was ordered to pay MPS of £2,200 pcm. The Husband appealed that order. HHJ Oliver allowed the appeal, finding that the DDJ had not carried out a critical analysis of the Wife s needs, school fees had been included in the order and there had been an assumed reduction in the mortgage instalments of £600 pcm. Whilst the judge was sure the Wife needed maintenance he did not consider he was in a position to decide what order should be made in place of the DDJ s order. The Wife appealed.
V v W [2020] EWFC 84, 2 December 2020
In this case, Sir James Munby dismissed the husband s ( H ) application for disclosure of the transcript of the FDR hearing and various associated documents into civil proceedings involving recovery of a single joint expert s fees incurred in financial remedy proceedings.
Mr X, a single joint expert, was appointed in financial remedy proceedings to value a company owned by H. H was to pay the fees. The report was produced late and received by H two days before the FDR hearing. In April 2019, Mr X s firm issued a claim against H seeking payment of its fees. Later that month, H s company became insolvent and entered a USA Chapter 11 bankruptcy.
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