Cases: Appeals
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BF v LE [2023] EWHC 2009 (Fam)31 July 2023
Mrs Justice Lieven. Appeal on the grounds (1) W lacked mental capacity at the final hearing on 9 September 2019 before DJ Parry and (2) a lack of participation directions and special measures. W suffered mental health issues and had alleged H had been a p…
- Cases
- Special Measures
- Appeals
- Participatory Directions
- Setting Aside Orders (Including Barder Applications)
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DT v Secretary of State for Work and Pensions (CSM) [2023] UKUT 175 (AAC)17 July 2023
Deputy Upper Tribunal Judge Rowland. Appeal against decision of First-tier Tribunal regarding the correct income figure upon which to base a Child Maintenance calculation. Appeal allowed.
- Cases
- Agreements
- Appeals
- Child Support
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Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
- Trusts
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McLean v Mclean & Ors [2023] EWHC 1735 (Fam)10 July 2023
Roberts J. An appeal of a final order by the H and five companies of which the H was the sole or majority shareholder following a final hearing conducted in their absence.
- Cases
- Adverse Inferences
- Disclosure
- Companies
- Applications To Adjourn
- Appeals
- Joinder of Third Parties
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Li v Simons [2023] EWHC 1626 (Fam)30 June 2023
Moor J. Judgment on an appeal against an order made in a variation of maintenance application.The parties reached an agreement settling the financial claims arising out of their marriage in April 2020, and a consent order was made in those terms in July 2…
- Cases
- Spousal Maintenance (Quantum)
- Costs
- Variation Applications
- Appeals
- Litigation Misconduct
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Cummings v Fawn [2023] EWHC 830 (Fam)14 April 2023
Mostyn J. Judgment on W’s appeal. W sought to argue that an agreement reached (and upheld by the court) should be negated or vitiated by undue influence or other oppressive conduct by the H, in addition to a number of grounds of appeal, including H&…
- Cases
- Disclosure
- Costs
- Appeals
- Consent Orders
- Setting Aside Orders (Including Barder Applications)
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EL v ML [2023] EWFC 4315 February 2023
HHJ Hess. Final hearing in relation to W’s application for permission to appeal a consent order from March 2021 which varied a final financial remedy order from 2019.Initial proceedings concluded in 2019, W made an application for enforcement of per…
- Cases
- Waiver of Privilege
- Appeals
- Consent Orders
- Setting Aside Orders (Including Barder Applications)
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Timokhin v Timokhina [2023] EWHC 58 (Fam)17 January 2023
Roberts J. Was a decision to stay a Sch 1 application pending conclusion of proceedings in another jurisdiction a substantive or procedural one?The parties were Russian nationals and parents to two children, aged 11 and 18. The children had lived in Londo…
- Cases
- Jurisdiction
- Children Act 1989 Schedule 1 Applications
- Appeals
- Striking Out Applications
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LT v ZU [2022] EWFC 20628 December 2022
HHJ Evans-Gordon. Application by the father challenging an arbitral award concerning provision for the parties’ two children pursuant to Schedule 1 of the Children Act 1989.
- Cases
- arbitration
- Children Act 1989 Schedule 1 Applications
- Appeals
- Needs
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PP v Secretary of State for Work and Pensions and SP [2022] UKUT 286 (AAC)1 November 2022
Upper Tribunal Judge Wikeley. Decision on F’s appeal.A reconsideration of a re-assessment of F’s child maintenance liability resulted in FTT ruling (in the absence of both parties): (1) that F’s unearned income was £34,191; (2) that it was just and equita…
- Cases
- Child Maintenance
- Appeals
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