Appeals
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AJ v FJ (Appeal Against Registration) [2024] EWFC 3566 December 2024
MacDonald J. This matter concerned a successful appeal against the decision of the Maintenance Enforcement Business Centre to register a Polish interim maintenance order obtained by the respondent from the District Court in Jelenia Gora on 15 December 2022.
- Cases
- Jurisdiction
- Child Maintenance
- Appeals
- 2007 Hague Convention
- Enforcement
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V v V [2024] EWFC 380 (B)19 December 2024
HHJ Booth. Appeal from a final order in a modest asset case, in which the court was tasked with balancing the needs of a party suffering from a serious disability and the needs of the primary carer of the children of the family.
- Cases
- Housing Need
- Appeals
- Mesher Orders and Deferred Charges
- Needs
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JL v NN [2024] EWHC 148925 April 2024
Williams J allowed W’s appeal on the basis that the judge failed to explicitly evaluate critical evidence and reach clear conclusions. Williams J confirmed that the civil standard of proof for fraud and dishonesty in the Financial Remedies Court is subject to the same balance of probabilities standard as any other factual issue, even if fraud issues should not be pleaded without an evidential basis.
- Cases
- Dishonesty
- Burden Of Proof
- Housing Need
- Fraud
- Appeals
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Mainwaring v Bailey [2024] EWHC 2614 (Fam)16 October 2024
Henke J ordered the husband to pay the wife’s costs assessed on a standard basis following his ‘hopeless appeal’. In response to the husband’s plea that he should be treated as a litigant-in-person and he did not understand the Family Procedure Rules, Henke J was emphatic that litigants in person are expected to comply with the procedural rules as much as represented parties.
- Cases
- Costs
- Appeals
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GH v GH [2024] EWHC 2547 (Fam)
Peel J. In a narrow but important judgment, Peel J reminds all of the importance of an FDR, allowing an appeal against a decision of the first instance judge to proceed directly to a final hearing.
- Cases
- FDRs
- Financial Remedies Court (FRC)
- Appeals
- Efficient Conduct
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Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024
Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.
- Cases
- Sharing Principle
- Housing Need
- Loans
- Appeals
- Debts
- Needs
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Re RA (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam)15 May 2024
Henke J. Successful appeal of a fact-finding, despite such an appeal being ‘notoriously difficult’.
- Cases
- Validity of marriage
- Appeals
- Setting Aside Orders (Including Barder Applications)
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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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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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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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