A v M (No. 2) – Construing a Court Order After the Unforeseen Occurs

How should provisions of a court order that are in dispute be construed?

• Blog

• Consent Orders

• Nicholas Allen KC
• Ben Fearnley

!12/09/2024 08:00

Xydhias, 25 Years On – What Exactly IS a Xydhias Agreement?

Practitioners will be familiar with the oft quoted phrase that ‘the court is not a rubber stamp’ (Kelley v Corston [1998] 1 FLR 986). The court must continue to exercise its discretion under s 25 MCA 1973 even when presented with an agreement between parties.

• Journal

• FDRs
• Agreements
• Negotiations
• Xydhias
• Consent Orders

• Daniel Mutton
• Shannon Knight

!13/03/2024 07:00

TM v AM [2023] EWFC 2478 November 2023

H’s application to set aside a consent order entered into on 18 November 2021. The main issue for determination was whether W had concealed the ownership of a valuable diamond and thus obtained H’s consent to the order through material non-disclosure/fraud.

• Cases

• Matrimonial and Non-Matrimonial Property
• Disclosure from Third Parties
• Consent Orders
• Setting Aside Orders (Including Barder Applications)

• Charlotte Lanning

KG v NB [2023] EWFC 16028 September 2023

Willans HHJ. Application by H to vary periodical payment term found in a consent order dated 26 March 2019 ('the 2019 order').

• Cases

• Cohabitation
• Periodical Payments
• Variation Applications
• Consent Orders

• Sophie Cullis

EK v DK & Ors [2023] EWHC 1829 (Fam)11 May 2023

Mr Justice Francis. Application by W to set aside consent order dated March 2018 on basis of H’s non-disclosure.This was a long marriage with three teenage/young adult children at the time of separation. The Trustees of two trusts, the LK (No 2 Sett…

• Cases

• Variation of Settlements
• Joinder of Third Parties
• Consent Orders
• Liquidity
• Valuations
• Setting Aside Orders (Including Barder Applications)
• Trusts

• Charlotte Lanning

Bogolyubova v Bogolyubov & Joint Stock Company Commercial Bank "Privatbank" [2022] EWFC 19924 June 2022

Mr Justice Peel. Application by the Bank (i) to intervene in financial remedy proceedings, (ii) to stay those proceedings and for the court not to approve a financial consent order pending the outcome of a commercial dispute between the Bank, the husband…

• Cases

• Agreements
• Stay of Proceedings
• Joinder of Third Parties
• Consent Orders

• Nicole Bryan-Quamina

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)

• Rebekah Batt

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)

• Rebekah Batt

Giving the Court Information to Make a Consent Order: the New D81

The English family court adopts a curious position when it comes to making an order agreed by the parties. Some countries will accept a written agreement as equivalent to an order and ask no more, with some countries even dispensing with independent legal…

• Blog

• Consent Orders

• Professor David Hodson OBE KC(Hons) MCIArb

!09/03/2022 08:00