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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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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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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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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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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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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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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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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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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