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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Lazaros Panagiotis Xanthopoulos v Alla Alexsandrovna Rakshina [2023] EWFC 15826 September 2023
Peel J granted the husband’s application for a legal services payment order to allow him to pursue his appeal in this long-running case.
- Cases
- Jurisdiction
- Conduct
- Appeals
- Legal Services Payment Orders
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2023] EWCA Civ 104815 September 2023
King LJ, Moylan LJ and Popplewell LJ. Appeal concerning the role of a litigation lender in financial remedy proceedings.
- Cases
- Litigation Funding
- Appeals
- Joinder of Third Parties
- 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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