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'Thwaite Jurisdiction'

Rotenberg v Rotenberg & Ors [2024] EWFC 185

https://caselaw.nationalarchives.gov.uk/ewfc/2024/185 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
Elizabeth Bowden 06 Sep 2024
The Thwaite Jurisdiction – A Stay of Execution?

The Thwaite Jurisdiction – A Stay of Execution?

The very existence of the Thwaite jurisdiction is controversial. Thwaite, Benson and L v L Its origins are (unsurprisingly) found in Thwaite v Thwaite [1981] 2 FLR 280. A consent order was made for the transfer of the matrimonial home in England to the wife on the basis that she
Philip Tait, Nicholas Allen KC 21 Nov 2023

H v W [2023] EWFC 120

https://www.bailii.org/ew/cases/EWFC/HCJ/2023/120.html 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
Sarah Hogarth 03 Aug 2023

BT v CU [2021] EWFC 87

https://www.bailii.org/ew/cases/EWFC/HCJ/2021/87.html 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
Polly Morgan | Case Editor 11 Mar 2022
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