Setting Aside Orders (Including Barder Applications)

XY v XX [2024] EWFC 387 (B)

Judgment date: 08 November 2024 https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/387 HHJ Hess. Application brought by H to set aside on the basis of a ‘mutual mistake’ of the parties which presented the court with inaccurate computational figures. The 2023 proceedings Proceedings concluded on 21 July 2023

Ma v Roux: Yes, You Can Strike Out a Set Aside Application

Ma v Roux: Yes, You Can Strike Out a Set Aside Application

This is a response to the FRJ blog post by Nicholas Allen KC and Philip Tait, ‘Ma v Roux: Can You Strike Out a Set Aside Application?’ (25 September 2024), which posed the question as to whether the court is empowered to strike out an application to set aside a

A v M (No 3) [2024] EWFC 299

Judgment date: 25 October 2024 https://caselaw.nationalarchives.gov.uk/ewfc/2024/299 Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation. Background For a full summary of the facts and

Ma v Roux: Can You Strike Out a Set Aside Application?

Ma v Roux: Can You Strike Out a Set Aside Application?

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/1917 It was settled in Wyatt v Vince [2015] UKSC 14, [2015] 1 FLR 972 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an

Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2024] EWFC 160

Judgment date: 02 July 2024 https://caselaw.nationalarchives.gov.uk/ewfc/2024/160 Peel J. The last instalment in the Simon v Simon & Level family court litigation. Level’s civil claim is yet to be determined. Peel J found that the family court cannot make a distributive order upon

Potanina v Potanin [2021] EWCA Civ 702

Judgment date: 13 May 2021 https://caselaw.nationalarchives.gov.uk/ewca/civ/2021/702 King, David Richards and Moylan LJJ. The second in the trio of Potanina v Potanin decisions, these case summaries should be read in order. This one is the Court of Appeal decision where Lady Justice King

Potanin v Potanina [2019] EWHC 2956 (Fam)

Judgment date: 08 November 2019 http://www.bailii.org/ew/cases/EWHC/Fam/2019/2956.html Cohen J. The first in the trio of Potanina v Potanin decisions. This one is the High Court decision where Mr Justice Cohen dismissed W’s application for leave to bring a claim under