FRJ stage

Barder Applications

‘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

Hasan – The Barder Conundrum – A Final Word (We Promise)

Hasan – The Barder Conundrum – A Final Word (We Promise)

The Supreme Court’s judgment in Hasan was handed down on 28 June 2023. Most readers will by now be at least peripherally aware of what the case was about. This article is to some extent a continuation of a blog post written by one of the authors for this

James v Seymour – Now a Barder Event?

James v Seymour – Now a Barder Event?

Are changes in the law unforeseen and unforeseeable? In S v S (Ancillary Relief: Consent Order) [2002] 1 FLR 992 Bracewell J considered a wife’s application to set aside a consent order made in September 2000. Under the order she received assets of £1.1m and the husband over

Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents) [2023] UKSC 22

https://www.supremecourt.uk/cases/uksc-2021-0159.html Judges: Lord Hodge (Deputy President), Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens. Also on National Archives: https://caselaw.nationalarchives.gov.uk/uksc/2023/22. Summary The Supreme Court has unanimously dismissed the appeal brought by the wife, Nafisa Hasan (‘the Wife’), against