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Managing costs in complex children cases

Managing costs in complex children cases
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Kazakhstan , Justice-mostyn , Justice-cohen , Legal-services-payment-order , Honourable-mr-justice-cohen , Legal-aid , Legal-aid-casework , Specific-issue-order , Unnecessary-private-law-applications , காஸக்ஸ்டாந் , நீதி-கோஹன் , சட்டப்பூர்வமானது-சேவைகள்-கட்டணம்-ஆர்டர்

Family Law Week: AG v VD 04.02.21 anonymised to publish

AG v VD[ 2021] EWFC 9
Matrimonial finance proceedings with a jurisdictional issue resolved in favour of the English court despite previous financial proceedings in Russia. H lost on his assertion that he had transferred most of his wealth to his son from a previous marriage. But H’s substantial assets from property development businesses were determined to be pre-marital. The matter therefore concluded with an award based on need, not on sharing as sought by W.
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Background
The relationship was one of only 8 years and the parties had no children from their union (although each had offspring from previous marriages, the youngest being W's daughter, 17 years old). H was 56 and W was 51 at the time of the judgment. W sought to make a sharing claim, seeking a transfer of the matrimonial home and a lump sum of £3.8m (para 126). H argued that the court in Russia, where the parties divorced and where financial proceedings first took place, made a fair and reasonable award (para 6). He offered to forego all repayments due to him but only if his offer of W retaining her half of the home, and nothing more, was accepted (para 127).

Germany , Moscow , Moskva , Russia , Thailand , United-kingdom , Odessa , Odes-ka-oblast , Ukraine , Petersburg , Sankt-peterburg , Italy

Family Law Week: IU anonymised [2020] EWFC 98

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’).
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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

Family Law Week: Z v University Hospitals Plymouth NHS Trust & Ors [2020] EWCOP 69

Z v University Hospitals Plymouth NHS Trust & Ors [2020] EWCOP 69
A decision by Mr Justice Cohen in the Court of Protection, which reiterated his previous decision to end life sustaining treatment for RS, an unconscious man in a vegetative state. This application had been brought by RS’s estranged birth family, who argued that RS would wish to be kept alive based on his Catholic faith and who sought to move him to Poland.
Background
RS is a middle-aged Polish man who, after suffering a cardiac arrest on 6 November 2020, has at best a 10-20% chance of progressing to the lowest end of a minimally conscious state (called MCS-minus). At that state, he might have been able to acknowledge the presence of a human being, but without being able to demonstrate knowing who they were. Prior to an application by the hospital responsible for RS's care – University Hospitals Plymouth NHS Trust – to the Court of Protection for permission to discontinue his life-sustaining treatment, RS was previously being kept alive by clinically-assisted nutrition and hydration (CANH) and other life-sustaining treatment.

United-kingdom , United-states , Poland , London , City-of , Polish , American , Republic-of-poland , Charles-foster , Bruno-quintavalle , Justice-cohen , Justice-holman