Setting Aside Orders (Including Barder Applications)
‘Known Unknowns and Unknown Unknowns’ – Can a Change in the Law Be a Barder Event?
Can a change in domestic law, resulting from judicial tergiversation, ever satisfy the Barder test? The answer to this question depends, in part, on how widely or narrowly the Barder test is interpreted.
- Blog
- Barder Applications
- Setting Aside Orders (Including Barder Applications)
!04/06/2024 09:00
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Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
- Trusts
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SY v Personal Representatives of the Estate of DY (Deceased) [2023] EWFC 280 (B)14 August 2023
Recorder Hames KC: Appeal against PSO out of time following death of W allowed and substituted by lump sum order to reflect lost benefit to the Estate for the benefit of the children.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
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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
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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)
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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
- 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
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