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

• Setting Aside Orders (Including Barder Applications)
• Disclosure
• Undue Influence
• Non-Disclosure

• Stephanie Coker

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

• Setting Aside Orders (Including Barder Applications)
• Waiver of Privilege
• Appeals
• Consent Orders

• Rebekah Batt

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)

• Rebekah Batt

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)

• Christie Elizabeth O’Connell

The Mini-Budget Economic Crisis – What Does This Mean for Financial Remedy Applications?

So, what does the current crisis mean for people who have just settled their financial remedy claims, and what does it mean for those currently being processed by the system?

• Blog

• Setting Aside Orders (Including Barder Applications)

• Amy Beddis

!30/09/2022 10:34

Goodyear v Goodyear (Deceased) [2022] EWFC 9612 August 2022

HHJ Farquhar. Application by the husband to set aside a pension sharing order (‘PSO’) following the death of the wife. The application was opposed by the executor’s of the wife’s estate. The fundamental issue was whether the death…

• Cases

• Pensions on Divorce
• Setting Aside Orders (Including Barder Applications)

• Stephanie Coker

Simon v Simon & Level (Joinder) (Rev1) [2022] EWFC 2921 March 2022

Nicholas Cusworth QC. Convoluted procedural history in which a consent order was sealed by the court without knowledge of other relevant applications, and W received no liquid capital capable of being used to repay her litigation funder. Funder therefore…

• Cases

• Setting Aside Orders (Including Barder Applications)
• Litigation Funding
• Joinder of Third Parties

• Polly Morgan | Case Editor

BT v CU [2021] EWFC 87: Barder, Thwaite, Drafting Lump Sums and Anonymisation

Sometimes in law, as in life, things do not turn out expectedly.BT v CU was intended to be a test case for whether COVID was capable of being a Barder event. H’s argument was that the pandemic was ‘unforeseen and unforeseeable’, outside…

• Journal

• Setting Aside Orders (Including Barder Applications)

• Alexander Chandler KC

!01/04/2022 06:14

BT v CU [2021] EWFC 871 November 2021

H’s application to set aside financial remedy order on basis that the downturn in his company’s value during the covid-19 pandemic constituted a Barder event (Barder v Barder [1988] AC 20). In order to succeed, H had to meet four conditions set out in Bar…

• Cases

• Executory Orders
• Setting Aside Orders (Including Barder Applications)
• 'Thwaite Jurisdiction'
• Publicity and Confidentiality

• Polly Morgan | Case Editor