Setting Aside Orders (Including Barder Applications)

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

Williams v Williams [2024] EWHC 733 (Fam)

Judgment date: 10 April 2024 https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/733 Sir Andrew McFarlane P. Erroneous application for a final order of divorce made by the solicitors for the applicant wife, in absence of the instruction or authority of their client. Background The parties were married for

Re RA (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam)

Judgment date: 15 May 2024 https://www.bailii.org/ew/cases/EWHC/Fam/2024/1144.html Henke J. Successful appeal of a fact-finding, despite such an appeal being ‘notoriously difficult’. Facts The parties entered into a relationship in 1995. They were Islamically married on 4 August 1999 and a civil

‘Known Unknowns and Unknown Unknowns’ – Can a Change in the Law Be a Barder Event?

‘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. In recent years it has often been interpreted narrowly – particularly by Mostyn J in DB v DLJ

Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/03

Judgment date: 12 July 2023 https://www.judgments.im/content/J3125.htm 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

SY v Personal Representatives of the Estate of DY (Deceased) [2023] EWFC 280 (B)

Judgment date: 14 August 2023 https://www.bailii.org/ew/cases/EWFC/OJ/2023/280.html 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. H