Setting Aside Orders (Including Barder Applications)
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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
- Setting Aside Orders (Including Barder Applications)
- Needs
- Personal Injury Awards
- Appeals
James v Seymour – Now a Barder Event?
A change in the law may be unforeseen but will other judges agree with Cobb J that a change of judicial direction is unforeseeable?
- Blog
- Barder Applications
- Setting Aside Orders (Including Barder Applications)
!11/10/2023 15:16
BF v LE [2023] EWHC 2009 (Fam) – When Will a Lack of Special Measures Lead to a Judgment Being Set Aside?
Lieven J considered and refused an appeal made on two grounds: (a) lack of capacity; and (b) that contrary to FPR 3A and PD 3AA, no participation directions had been put in place for the wife at the final hearing despite her vulnerability, such that the final hearing had not been Article 6 ECHR compliant.
- Blog
- Special Measures
- Setting Aside Orders (Including Barder Applications)
!02/10/2023 08:51
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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
- Appeals
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
- Trusts
- Litigation Funding
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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
- Participatory Directions
- Setting Aside Orders (Including Barder Applications)
- Appeals
- 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
- Costs
- Delay
- Setting Aside Orders (Including Barder Applications)
- Compensation Principle
- Cross-Applications
- 'Thwaite Jurisdiction'
- Enforcement
- Striking Out 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
- Setting Aside Orders (Including Barder Applications)
- Consent Orders
- Variation of Settlements
- Joinder of Third Parties
- Liquidity
- 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
- Delay
- Striking Out Applications
- Setting Aside Orders (Including Barder 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
- Overseas Divorce and the 1984 Act
- Setting Aside Orders (Including Barder Applications)
- Maintenance as a Cause of Action
- 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
- Disclosure
- Consent Orders
- Costs
- Setting Aside Orders (Including Barder Applications)
- Appeals
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