'Thwaite Jurisdiction'
-
The Thwaite Jurisdiction – A Stay of Execution?
The very existence of the Thwaite jurisdiction is controversial. Its origins are found in Thwaite v Thwaite [1981] 2 FLR 280.
- Journal
- 'Thwaite Jurisdiction'
!21/11/2023 07:00
-
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
- Enforcement
- Costs
- Delay
- Setting Aside Orders (Including Barder Applications)
- Cross-Applications
- 'Thwaite Jurisdiction'
- Conduct
- Compensation Principle
- Striking Out Applications
-
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