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- The husband applied for various orders relating to a divorce to be set aside, including the decree absolute. He challenged the deemed service of the divorce petition. The wife had been granted the divorce in England and then remarried, while the husband had later petitioned for divorce in Scotland. If the earlier divorce was set aside, the husband would retain a right of residence due to the marriage exceeding three years in length. Lieven J DBE held that to the extent that there had been any procedural errors in this case, they did not render the subsequent orders void, and to the extent that they rendered them voidable she declined to exercise her discretion to set them aside. Judgment, 23/10/2019, free
- After considering issues in relation to service, an order was made for the child to return to the UK from Spain in the short term so that CAFCASS could make an assessment which would inform the court before a final decision on where the child should live could be made. Judgment, 03/05/2018, free
- Final orders in financial remedy proceedings where the assets were worth £40m, the wife had special medical needs as a result of a brain tumour and the German husband was absent from the final stages of these proceedings. Cobb J also considers, among other things, arguments on inherited wealth, whether the Duxbury or Ogden tables are appropriate to cater for the wife's needs and whether the husband had been served properly. Judgment, 12/12/2017, free
- Husband's appeal against dismissal of his application to set aside financial remedy orders since 2010, partly on the grounds that orders for service by email were null and void. Appeal dismissed. Judgment, 27/10/2017, free
- The husband was applying to have child maintenance orders set aside on the basis that orders which were served on him by email were null and void and must be set aside because there was no power to serve a person out of the jurisdiction by email where he was present in Turkey. The application was dismissed. Judgment, 14/01/2016, free
Latest know-how
- In a tweet: Unusual FR case where W did not have capacity to litigate and H disengaged with the proceedings Case note, 19/01/2018, members only
- In a tweet: FPR 2010 allow service by alternative means on party in Hague Service Convention state Case note, 19/01/2018, members only
- The husband was applying to have child maintenance orders set aside. Case note, 04/02/2016, members only
- Case note, 15/07/2010, members only
Latest sources
- Form (external), 01/10/2004, free