Rotenberg v Rotenberg & Ors [2024] EWFC 18515 July 2024

Peel J accepts the existence of the Thwaite jurisdiction. Where the landscape on the ground was very different from that which was envisaged at the time of the order an executory order could be reframed under the Thwaite jurisdiction. The jurisdiction should be used sparingly.

• Cases

• 'Thwaite Jurisdiction'

• Elizabeth Bowden

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'

• Nicholas Allen KC
• Philip Tait

!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

• 'Thwaite Jurisdiction'
• Conduct
• Delay
• Costs
• Striking Out Applications
• Cross-Applications
• Compensation Principle
• Enforcement
• Setting Aside Orders (Including Barder Applications)

• Sarah Hogarth

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

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

• Polly Morgan | Case Editor