The purpose of Part III
48.I have well in mind the principles set out in Agbaje v Agbaje [2010] UKSC 13 and Zimina v Zimin [2017] EWCA Civ 1429 which I summarise as follows: The Supreme Court in Agbaje made clear that the court must have regard to the legislative purpose of Part III whenever it is considering exercising its powers, namely: [71]
To take up some of the points made in the preceding paragraphs, the proper approach to Part III simply depends on a careful application of sections 16, 17 and 18 in the light of the legislative purpose,
- The Honourable Mr Justice Cohen :
- The History in more detail
- When did the marriage end?
- Legal proceedings
- The purpose of Part III
- which was the alleviation of the adverse consequences of no, or no adequate, financial provision being made by a foreign court in a situation where there were substantial connections with England
- Where the English connections of the case are very strong there may be no reason why the application should not be treated as if it were made in purely English proceedings
- H’s business activities
- The move to London
- The Foundation
- my death or physical or mental incapacity
- strictly speaking
- The German venture
- Russian projects
- W’s use of resources
- The assets of the parties
- £5.14m [£2.57m each]
- £95k
- [£2.57m
- £687k
- £3.087m
- W’s needs
- £3.4m
- £2.06m
- £320k
- Conduct of the litigation