Cases: Appeals
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TY v XA [2024] EWFC 9624 April 2024
Moor J. Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Mr Justice Moor reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III, which should from now on be on notice. The test is as set out at section 13 of the 1984 Act. Potanin had stated that applying a test based on ‘compelling reasons’ or ‘knock-out blow’ was wrong.
- Cases
- Overseas Divorce and the 1984 Act
- Appeals
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Re A v B (Schedule 1: Arbitral Award: Appeal) [2024] EWHC 778 (Fam)10 April 2024
Cobb J. A root and branch assault leads to the conclusion that the court is not limited to the 'four corners' of Schedule 1 and can make orders that require a party to borrow.
- Cases
- Children Act 1989 Schedule 1 Applications
- Appeals
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Xanthopoulos v Rakshina [2024] EWCA Civ 848 February 2024
King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings.
- Cases
- Part III
- Housing Need
- Conduct
- Costs
- Appeals
- Needs
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TK v AC [2023] EWHC 2958 (Fam)10 November 2023
Sir Jonathan Cohen: LSPO and Periodical Payments from debt. H appeal against orders allowed.
- Cases
- Spousal Maintenance (Quantum)
- Variation Applications
- Appeals
- Legal Services Payment Orders
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LT v ZU [2023] EWFC 1796 October 2023
HHJ Evans-Gordon. Substantive hearing following the father challenging an application by the mother to convert an arbitral award into an order of the court.
- Cases
- arbitration
- Children Act 1989 Schedule 1 Applications
- Appeals
- Needs
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Lazaros Panagiotis Xanthopoulos v Alla Alexsandrovna Rakshina [2023] EWFC 15826 September 2023
Peel J granted the husband’s application for a legal services payment order to allow him to pursue his appeal in this long-running case.
- Cases
- Jurisdiction
- Conduct
- Appeals
- Legal Services Payment Orders
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Ditchfield v Ditchfield [2023] EWHC 2303 (Fam)20 September 2023
Peel J. Appeal by H of a final financial remedy order where on a clean break basis the assets were divided 62/38 in favour of W.
- Cases
- Disclosure
- Loans
- Appeals
- Debts
- Needs
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2023] EWCA Civ 104815 September 2023
King LJ, Moylan LJ and Popplewell LJ. Appeal concerning the role of a litigation lender in financial remedy proceedings.
- Cases
- Litigation Funding
- Appeals
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
- Trusts
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SY v Personal Representatives of the Estate of DY (Deceased) [2023] EWFC 280 (B)14 August 2023
Recorder Hames KC: Appeal against PSO out of time following death of W allowed and substituted by lump sum order to reflect lost benefit to the Estate for the benefit of the children.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
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Augousti v Matharu [2023] EWHC 1900 (Fam)10 August 2023
Decision on permission to appeal on grounds which were considered to be totally without merit and applications for reporting restriction order.
- Cases
- Publicity and Confidentiality
- Appeals
- Needs
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