Setting Aside Orders (Including Barder Applications)
-
L v O [2024] EWFC 65 February 2024
Cobb J. Interlocutory applications prior to substantive Barder hearing. Applications for stay and Hadkinson order dismissed. Application for security of costs granted owing to residence outside the jurisdiction.
- Cases
- Foreign Assets
- Hadkinson Orders
- Agreements
- Security for costs
- Costs
- Variation Applications
- International Enforcement
- Enforcement
- Setting Aside Orders (Including Barder Applications)
The Potanin Litigation: a Look Ahead
On 31 January 2024 the Supreme Court handed down judgment in the case of Potanin and Potanina [2024] UKSC 3, but that is not the end of the story. There are two other grounds which had been raised by the wife in the Court of Appeal, which have been remitted to the Court of Appeal.
- Blog
- Supreme Court
- Part III
- Overseas Divorce and the 1984 Act
- Leave Application
- Setting Aside Orders (Including Barder Applications)
!06/02/2024 11:24
The Law Is an Ass: Goodbye to the Knock-Out Blow – Potanin v Potanina: the Supreme Court Decision
On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanin v Potanina [2024] UKSC 3. These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce. Although the parties in this case have been described as ‘massively rich’ with assets estimated at $20 billion, the judgment will have a significant impact on the way all Part III claims are determined – both in terms of procedure and outcome – going forwards in England.
- Blog
- Supreme Court
- Part III
- Overseas Divorce and the 1984 Act
- Leave Application
- Setting Aside Orders (Including Barder Applications)
!31/01/2024 14:43
-
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)
-
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)
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
-
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
-
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
- Special Measures
- Appeals
- Participatory Directions
- Setting Aside Orders (Including Barder Applications)
-
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
- 'Thwaite Jurisdiction'
- Conduct
- Delay
- Costs
- Striking Out Applications
- Cross-Applications
- Compensation Principle
- Enforcement
- Setting Aside Orders (Including Barder Applications)
©2023 Class Legal classlegal.com
