FRJ stage

Setting Aside Orders (Including Barder Applications)

Potanin v Potanina [2019] EWHC 2956 (Fam)

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 Part III of the Matrimonial

Williams v Williams [2024] EWHC 733 (Fam)

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 22 years. W applied for

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

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 ceremony was held at a

‘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

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 appeal regarding an impossible PSO

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

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 applied to appeal out of

L v O [2024] EWFC 6

https://caselaw.nationalarchives.gov.uk/ewfc/2024/6 Cobb J. Interlocutory applications prior to substantive Barder hearing. Applications for stay and Hadkinson order dismissed. Application for security of costs granted owing to residence outside the jurisdiction. Background H is a foreign national of country X, with permanent leave to remain