Collardeau v Fuchs [2025] EWFC 307
https://caselaw.nationalarchives.gov.uk/ewfc/2025/307
Poole J
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Xydhias and Its Limits: HA v EN and THR v WAT
[2026] 3 FRJ 198. This article aims to highlight some of the inherent issues presented by the concept of Xydhias agreements, namely the residual discretion that is left to the court to approve or alter those agreements, and the practical problems that result from this.
F v EE (Enforcement under Sch 1 CA : s423 Insolvency Act 1986) [2026] EWFC 249 (B)
https://caselaw.nationalarchives.gov.uk/ewfc/b/2026/249
The Myth of a General Equitable Jurisdiction to Reconsider Financial Remedy Orders
If the Thwaite jurisdiction exists, the doctrine should only need to be invoked in exceptionally rare cases. Ordinarily, careful drafting of a non-variable property adjustment order should provide for future contingencies, however remote or unlikely.
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Financial Remedies Journal – 2026 Issue 2 | Summer
Related
Xydhias and Its Limits: HA v EN and THR v WAT
[2026] 3 FRJ 198. This article aims to highlight some of the inherent issues presented by the concept of Xydhias agreements, namely the residual discretion that is left to the court to approve or alter those agreements, and the practical problems that result from this.
F v EE (Enforcement under Sch 1 CA : s423 Insolvency Act 1986) [2026] EWFC 249 (B)
https://caselaw.nationalarchives.gov.uk/ewfc/b/2026/249
The Myth of a General Equitable Jurisdiction to Reconsider Financial Remedy Orders
If the Thwaite jurisdiction exists, the doctrine should only need to be invoked in exceptionally rare cases. Ordinarily, careful drafting of a non-variable property adjustment order should provide for future contingencies, however remote or unlikely.
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The Case for Calderbank: A Procedural Reform Too Far?
[2026] 3 FRJ 208. There were legitimate objections to a costs system in which parties could face substantial consequences for failing to predict with sufficient accuracy the outcome of a highly discretionary financial remedy exercise. But it does not follow that Calderbank itself was the problem.
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From possible insolvency to arguments about add-back, small money cases raise many of the same issues as big money cases yet are often the hardest fought and difficult to settle at the Financial Dispute Resolution (FDR) appointment. The difference is simply that there is not enough to go round.
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[2026] 3 FRJ 194. This article considers recent authorities which suggest that forcing a sale of the family company may increasingly be contemplated by the court.