Barder Appeals: Finding closure

Beth Mason and Georgia Day look at the Court of Appeal decision in Critchell and what may constitute a Barder event ‘There have been many attempts to set aside orders based on a Barder event, but the courts have been reluctant to let such applications succeed and the threshold for success is high.’ Family lawyers …
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Enforcement: Seeking remedies

Rachel Donald asks whether the enforcement provisions of r33 of the Family Procedure Rules 2010 can be undermined by a variation application ‘For an unpaid party, the costs associated with defending a variation application can altogether outweigh the value of the claim they seek to enforce.’ The introduction of the general enforcement application in family …
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Financial Provision: Revisiting orders

Hannah Clark analyses the limited circumstances in which the courts will reopen a final financial order ‘The courts are paying clear regard to the floodgates argument, through their restrictive application of the principle of finality in litigation and their constant reiteration of the extraordinariness of Barder events.’As family lawyers, we are well accustomed to the …
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