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The concept of resources in s25 of the Matrimonial Causes Act 1973 arises at s25(2)(a) of the Act. In coming to a fair order, the court must have regard to:
(a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future…
Given financial resources are distinguished from property in the sentence, they have been taken as a separate class of asset.
In this article, we aim to:
• Delineate common scenarios whereby an asset owned by a third party might bear on the court s assessment of resources and consider their appropriate legal taxonomy.
Hong-kong
Thomasv-thomas
Rochefoucauldv-boustead
Prestv-petrodel
Luckwellv-limata
Thomas-haggie
Brownev-browne
Mike-luckwell
Joseph-rainer
Villiersv-villiers
Whaleyv-whaley
Fisher-meredith
IU v OS [2020] EWFC 98
This case concerned an application for a financial remedy brought by IU, a wife (‘W’), against OS, her husband (‘H’).
Cohen J s judgment is long (48 pages, 288 paragraphs). This is unsurprising in circumstances where the litigation lasted over 3 years, where the court heard from 12 witnesses (including H and W), where hand-writing experts where asked to assess various documents produced by H (and his team) which themselves required translation and where orders had to be obtained on behalf of W for documentation to be produced by H s solicitors (producing previously withheld and relevant evidence). W s costs (including interest) were c. £2.5-£2.6m.
Miami
Florida
United-states
Hampstead
Camden
United-kingdom
New-york
Kiev
Ukraine-general
Ukraine
Russia
London
Crowther v Crowther & Ors [2020] EWHC 3555 (Fam)
Successful application for indemnity costs on preliminary issues in financial remedy proceedings when allegations of fraud and conspiracy were withdrawn and claims discontinued shortly before the trial.
Mr Crowther applied for Mrs Crowther to pay his costs of preliminary issues on an indemnity basis. There had been highly acrimonious and litigious financial remedy proceedings since late 2019.
Mr and Mrs Crowther had run a successful shipping business. Mrs Crowther obtained a freezing injunction against Mr Crowther and the second to sixth respondents ( the Castle parties). The freezing injunction was discharged but reinstated by the Court of Appeal. She alleged she and Mr Crowther were the beneficial owners of 5 ships worth approximately £7-10million.
Gibraltar
Russia
United-kingdom
Texas
United-states
London
City-of
Scotland
Russian
Gojkovicv-gojkovic
Prestv-petrodel
Phillips-melin-haynes-collins
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