Setting Aside Orders (Including Barder Applications)
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BF v LE [2023] EWHC 2009 (Fam)31 July 2023
Mrs Justice Lieven. Appeal on the grounds (1) W lacked mental capacity at the final hearing on 9 September 2019 before DJ Parry and (2) a lack of participation directions and special measures. W suffered mental health issues and had alleged H had been a p…
- Cases
- Appeals
- Participatory Directions
- Setting Aside Orders (Including Barder Applications)
- Special Measures
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H v W [2023] EWFC 12014 July 2023
HHJ Reardon KC. This case concerns cross-applications regarding a final financial remedy order made in May 2021 (the 2021 order) by Recorder Anderson. This included an application by H for a further lump sum to compensate him for losses due to W’s a…
- Cases
- Enforcement
- 'Thwaite Jurisdiction'
- Costs
- Delay
- Setting Aside Orders (Including Barder Applications)
- Compensation Principle
- Striking Out Applications
- Cross-Applications
- Conduct
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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
- Joinder of Third Parties
- Liquidity
- Setting Aside Orders (Including Barder Applications)
- Consent Orders
- Variation of Settlements
- Trusts
- Valuations
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RL v NL [2023] EWFC 759 May 2023
HHJ Madeleine Reardon KC. Striking out of Husband’s application to set aside a financial remedy order made in 1995. The FR order provided that H was to transfer his interest in FMH to W and thereafter there was to be a clean break, but the transfer…
- Cases
- Setting Aside Orders (Including Barder Applications)
- Delay
- Striking Out Applications
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Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents) [2023] UKSC 2228 June 2023
The Supreme Court has unanimously dismissed the appeal brought by the wife, Nafisa Hasan, against the magisterial and potentially seminal judgment of Mostyn J in Hasan v Ul-Hasan (Deceased) & Anor [2021] EWHC 1791 (Fam).
- Cases
- Setting Aside Orders (Including Barder Applications)
- Maintenance as a Cause of Action
- Overseas Divorce and the 1984 Act
- Barder Applications
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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
- Consent Orders
- Costs
- Setting Aside Orders (Including Barder Applications)
- Disclosure
- Appeals
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HP v AP [2023] EWFC 4931 March 2023
HHJ Willans. Application to set aside a consent order on the basis that the H had failed to refer to two historic loans which were secured against a property in his sole legal name, but his father owned 100% of the beneficial interest. W argued that H…
- Cases
- Disclosure
- Undue Influence
- Setting Aside Orders (Including Barder Applications)
- Non-Disclosure
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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
- Setting Aside Orders (Including Barder Applications)
- Appeals
- Consent Orders
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Goddard-Watts v Goddard-Watts [2023] EWCA Civ 11515 February 2023
Lady Justice Macur, Lady Justice Nicola Davies and Lady Justice Carr.W’s appeal of order made by Sir Jonathan Cohen in January 2022 (see previous case summary) using the ‘Kingdon approach’. On two separate occasions since settlement of f…
- Cases
- Disclosure
- Setting Aside Orders (Including Barder Applications)
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AB v CD [2022] EWFC 11629 July 2022
Roberts J (‘the judge’) dealt with an application to set aside a consent order made in financial remedy proceedings, and a responding application to strike out or summarily dismiss H’s application. The parties were both independently wealthy and had a sho…
- Cases
- Setting Aside Orders (Including Barder Applications)
- Striking Out Applications
- Valuation of Shares
- Financial Remedies Court (FRC)
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