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  • Wife's application that the final arbitral award of Mr Gavin Smith should not be made an order of the court. The application was dismissed. Judgment, 29/01/2019, free
  • In brief: Following the making of an order returning the child to Spain from England, the mother’s (“M”) mental health rapidly deteriorated. She successfully applied to the High Court to have the order set aside and a re-hearing listed following a psychiatric assessment. The Court of Appeal upheld the set aside, concluding that the High Court has the power under the inherent jurisdiction to review and set aside 1980 Hague Convention final orders. The power can be used where there has been a fundamental change of circumstances which undermines the basis on which the original order was made. Here the original return order had been made where the court found that M had not made out her Article 13(b) defence which included M’s claims that there were grave risks to her mental health. Judgment, 16/08/2018, free
  • Application for permission to appeal an order in financial remedy proceedings on Barder grounds. The original order had envisaged that the mother would look after the children for 70% of the time but a subsequent incident between wife and daughter meant that the children were now full time with the father. Application granted (even though the mother was unheard in this hearing). Judgment, 15/09/2015, free
  • Appeal against a financial provision order on Barder grounds where the husband had committed suicide shortly after the award was approved and where the wife, who was extremely wealthy, was seeking to overturn the award of £19m. Appeal allowed and an award of £5m was made. Judgment, 28/07/2015, free
  • Appeal by husband against amendment of a Mesher type order on a Barder basis after he had inherited money, following the unexpected death of his father, a month after the order had been finalised. Appeal dismissed: the order was needs based and was the only way to achieve agreement in court but the inheritance had undermined the fundamental assumptions on which the order was made. Judgment, 30/04/2015, free

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