Cases: Setting Aside Orders (Including Barder Applications)
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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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HP v AP [2023] EWFC 4931 March 2023
HHJ Willans. Application to set aside a consent order on the basis that the H had failed to refer to two historic loans which were secured against a property in his sole legal name, but his father owned 100% of the beneficial interest. W argued that H…
- Cases
- Non-Disclosure
- Disclosure
- Undue Influence
- 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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Goddard-Watts v Goddard-Watts [2023] EWCA Civ 11515 February 2023
Lady Justice Macur, Lady Justice Nicola Davies and Lady Justice Carr.W’s appeal of order made by Sir Jonathan Cohen in January 2022 (see previous case summary) using the ‘Kingdon approach’. On two separate occasions since settlement of f…
- Cases
- Disclosure
- Setting Aside Orders (Including Barder Applications)
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Goodyear v Goodyear (Deceased) [2022] EWFC 9612 August 2022
HHJ Farquhar. Application by the husband to set aside a pension sharing order (‘PSO’) following the death of the wife. The application was opposed by the executor’s of the wife’s estate. The fundamental issue was whether the death…
- Cases
- Pensions on Divorce
- Setting Aside Orders (Including Barder Applications)
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AB v CD [2022] EWFC 11629 July 2022
Roberts J (‘the judge’) dealt with an application to set aside a consent order made in financial remedy proceedings, and a responding application to strike out or summarily dismiss H’s application. The parties were both independently wealthy and had a sho…
- Cases
- Financial Remedies Court (FRC)
- Striking Out Applications
- Valuation of Shares
- Setting Aside Orders (Including Barder Applications)
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AZ v BZ (Financial Remedies Appeal) [2020] EWFC B8622 May 2022
HHJ Vincent. Appeal by H of a financial remedy order where on a clean break basis the assets were divided 99/1 in favour of W.
- Cases
- Personal Injury Awards
- Appeals
- Needs
- Setting Aside Orders (Including Barder Applications)
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Simon v Simon & Level (Joinder) (Rev1) [2022] EWFC 2921 March 2022
Nicholas Cusworth QC. Convoluted procedural history in which a consent order was sealed by the court without knowledge of other relevant applications, and W received no liquid capital capable of being used to repay her litigation funder. Funder therefore…
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
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BT v CU [2021] EWFC 871 November 2021
https://www.bailii.org/ew/cases/EWFC/HCJ/2021/87.html
- Cases
- Publicity and Confidentiality
- Variation Applications
- Executory Orders
- Setting Aside Orders (Including Barder Applications)
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BT v CU [2021] EWFC 871 November 2021
H’s application to set aside financial remedy order on basis that the downturn in his company’s value during the covid-19 pandemic constituted a Barder event (Barder v Barder [1988] AC 20). In order to succeed, H had to meet four conditions set out in Bar…
- Cases
- Publicity and Confidentiality
- 'Thwaite Jurisdiction'
- Executory Orders
- Setting Aside Orders (Including Barder Applications)
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