Procedure: The last word?

| Family Law Journal | July/August 2018 #178

Elspeth Kinder and Clare Williams consider the approach to new evidence where there has been a finding of fact in financial remedy proceedings

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Anderson v Spencer [2018] EWCA Civ 100

WTLR Issue: Spring 2018 #171

The mother and executor (V) of the deceased appealed against an order that a DNA sample from the deceased, held by a hospital, be tested against the respondent (D), to determine whether he was the son of the deceased. The deceased had suffered from an hereditary form of bowel cancer called Lynch Syndrome, and so D wanted to discover if he was at risk of this condition developing...

Ilott v The Blue Cross [2017] UKSC 17

WTLR Issue: Summer 2017 #168

The testatrix (T) died in 2004 leaving an adult daughter (C) from whom she had been estranged for 26 years. C had left home aged 17 to live with her boyfriend (B), of whom T disapproved. B later became C’s husband and they had five children. At the time of T’s death, C and her family lived in straitened financial circumstances: they lived in a house rented from a housing association, were reliant on benefits save for the husband’s intermittent work as a supporting actor and could not afford new household equipment or family holidays...

Davis v Wiggett [2016] UKUT 358 (TCC)

WTLR Issue: November 2016 #164

Mr Davis employed Mr Wiggett in his building business from 2007 to 2011. According to Mr Wiggett, they had a common intention to purchase a flat, do it up and let it out. As he already had a mortgage, 68b Queen’s Road, Cheltenham (the flat) was bought in Mr Davis’ sole name for £137,500 in 2008 and, by virtue of their express agreement, on which he relied to his detriment by contributing to the purchase price and working on the property, Mr Wiggett claimed to be a beneficial co-owner under a common intention constructive trust and entitled to half of the equity...

Barnes v Phillips [2015] EWCA Civ 1056

WTLR Issue: January/February 2016 #156

88 Leyland Road, London (property) was purchased by the parties in January 1996 for approximately £135,000 using approximately £25,000 from their savings for the deposit and taking out a joint repayment mortgage for the balance with HSBC. It was registered in their names as joint tenants...