Setting Aside Orders (Including Barder Applications)
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AP v TP (Pension Enforcement) [2025] EWFC 190 (B)13 June 2025
HHJ Farquhar. Application by husband to set aside a PSO under the Thwaite jurisdiction due to the wife’s sustained non-compliance. The court held that continued enforcement of the PSO would be inequitable given the respondent’s conduct, the applicant’s age and deteriorating health, and the executory nature of the order.
- Cases
- Barder Applications
- Pensions on Divorce
- 'Thwaite Jurisdiction'
- Delay
- Executory Orders
- Enforcement
- Setting Aside Orders (Including Barder Applications)
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Kathryn Elizabeth Norman v Michael Ian Norman [2025] EWFC 107 (B)17 April 2025
District Judge Veal. Alleged material non-disclosure, W’s totally without merit application issued in October 2024 after seven rounds of litigation including W’s D50K application, settled by agreement, made when she knew about H’s alleged non-disclosure. W ordered to pay costs on indemnity basis. Warning given regarding the use of websites leading to jigsaw identification and thereby breaching FPR 9.46(3).
- Cases
- Disclosure
- Costs
- Consent Orders
- Setting Aside Orders (Including Barder Applications)
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X v Y [2025] EWHC 727 (Fam)11 March 2025
Trowell J. Wife’s unsuccessful appeal against the rejection of her Barrell application to reopen a final order in a needs case following the husband’s father’s death. Trowell J agreed with the trial judge that the husband’s inheritance prospects were uncertain, and the principle of finality ought to be favoured over re-opening the case.
- Cases
- Barrell Applications
- Appeals Out Of Time
- Appeals
- Setting Aside Orders (Including Barder Applications)
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Simon v Simon [2025] EWFC 897 April 2025
Peel J. Cost judgment from Peel J in ‘highly unusual’ financial remedy proceedings, in which a litigation loan provider successfully applied to be joined and to set aside a consent order which prevented them recovering a loan to W.
- Cases
- Conduct
- Costs
- Joinder of Third Parties
- Efficient Conduct
- Consent Orders
- Setting Aside Orders (Including Barder Applications)
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Sandeep Kumar Chugh v Latika Chugh [2025] EWFC 424 March 2025
Nicholas Allen KC (sitting as a deputy High Court judge). Final hearing concerning H’s application for recognition of divorce proceedings brought by H in India, and H’s challenge to the jurisdictional basis of divorce proceedings brought in the UK by W.
- Cases
- Family Law Act 1986
- Jurisdiction
- Stay Pending Resolution of Overseas Proceedings
- Stay of Proceedings
- Non-Recognition of Overseas Divorce
- International Enforcement
- Recognition of Indian Divorce
- Setting Aside Orders (Including Barder Applications)
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XY v XX [2024] EWFC 387 (B)8 November 2024
HHJ Hess. Application brought by H to set aside on the basis of a ‘mutual mistake’ of the parties which presented the court with inaccurate computational figures.
- Cases
- Setting Aside Orders (Including Barder Applications)
Ma v Roux: Yes, You Can Strike Out a Set Aside Application
This is a response to the FRJ blog post by Nicholas Allen KC and Philip Tait, ‘Ma v Roux: Can You Strike Out a Set Aside Application?’ (25 September 2024), which posed the question as to whether the court is empowered to strike out an application to set aside a financial remedy order. In that article the authors carefully set out the background to this issue.
- Blog
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
!08/01/2025 13:21
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A v M (No 3) [2024] EWFC 29925 October 2024
Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation.
- Cases
- Disclosure
- Conduct
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
Ma v Roux: Can You Strike Out a Set Aside Application?
It was settled in Wyatt v Vince [2015] UKSC 14 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits. But is that the end of the matter? In Ma v Roux [2024] EWHC 1917 (Fam) Francis J heard an appeal from HHJ Reardon.
- Blog
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
!25/09/2024 17:32
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2024] EWFC 1602 July 2024
Peel J. The last instalment in the *Simon v Simon & Level* family court litigation. Level’s civil claim is yet to be determined. Peel J found that the family court cannot make a distributive order upon application of an intervenor to require one party to pay the other party such sum as the third-party intervenor says it is entitled to.
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
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