A v R [2024] EWFC 218 (B) (05 August 2024)

A v R [2024] EWFC 218 (B) (05 August 2024)

The applicant's conduct allegations, even if assumed true and cumulatively considered, do not reach the high threshold of exceptionality required for consideration in financial remedy proceedings, nor do they have a sufficiently material financial impact. It would be disproportionate to litigate the conduct issue given the costs and lack of necessity for a fair outcome. The conduct claim is therefore excluded from further consideration.

Citation
[2024] EWFC 218 (B)
Parties
Applicant: A; Respondent: R
Jurisdiction
England and Wales
Judgment Date
05 August 2024
Procedural Posture
Financial Remedy Proceedings (matrimonial Causes Act 1973) / Conduct Case Management Hearing
Outcome
Applicant's conduct claim excluded from further consideration in these proceedings.
Legal Topics
Financial Remedies, Conduct in Financial Proceedings, Domestic Abuse, Case Management, Proportionality
Family Law Financial Remedies Conduct in Financial Proceedings Domestic Abuse Case Management Proportionality

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Parties

A

Applicant

R

Respondent

Procedural Posture

Financial Remedy Proceedings (matrimonial Causes Act 1973) / Conduct Case Management Hearing

Legal Issues

  1. 1 Whether the applicant's conduct claim should be permitted to proceed to trial in financial remedy proceedings under the Matrimonial Causes Act 1973.

Ratio Decidendi

The applicant's conduct allegations, even if assumed true and cumulatively considered, do not reach the high threshold of exceptionality required for consideration in financial remedy proceedings, nor do they have a sufficiently material financial impact. It would be disproportionate to litigate the conduct issue given the costs and lack of necessity for a fair outcome. The conduct claim is therefore excluded from further consideration.

Court Disposition

Applicant's conduct claim excluded from further consideration in these proceedings.

Orders

  • The conduct claim raised by A is excluded from trial.
  • Witness statements filed in relation to the conduct issue may not be put to further use in this case.