Young v Young [2012] EWHC 138 (Fam) (03 February 2012)

The court dismissed a Husband’s application for the return of his passport which was held by the tipstaff pending the conclusion of ancillary relief proceedings. The court considered the authorities and found the Husband to be in contempt of court and further that the Wife had a good case for a substantive award, the Husband was plainly about to quit the jurisdiction and this would materially prejudice the Wife in her application.

Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post Nuptial Agreeement) [2012] EWHC 45 (fam) (19 January 2012)

The court conducted a final hearing in this long running litigation in the absence of the Husband, who did not attend. The court order a lump sum of £12.5m to the wife (£8.3m constituting maintenance). Funds held in court were released to the Wife (save for a portion held back on account of previous costs orders) however the full sums payable were not identifiable within the jurisdiction for the court to make specific orders. Ongoing enforcement proceedings are highly likely.

Hutchings-Whelan v Hutchings [2012] EWCA Civ 38 (26 January 2012)

The CA refused a Husband’s appeal against an order in Ancillary ReFief proceedings. Permission had been granted to appeal on specific ‘arithmetical’ points. the CA however held that the Husband’s conduct throughout 10 years of litigation and the trial itself had left the trial judge in the position of having to make certain assumptions.