The Brief: Financial Remedy Update from 4PB (July 2022)

Cases

Lockwood v Greenbaum [2022] EWHC 845 (Fam)

• Moor J confirms that the test for permission to apply under Matrimonial and Family Proceedings Act 1984 Pt III is ‘substantial ground’ for making an application and not ‘substantial connections’ to England and Wales.

• Agbaje v Agbaje [2010] UKSC 13 [2010] 1 FLR 1813 followed.

• Moor J also considered the discreet point as to the permission to appeal which had been granted out of time and sets out a useful summary of the law concluding that:

  ‘There have been numerous authorities over the years starting with Johnson v Johnson (1980) 1 FLR 331 that permission should be given in circumstances where the delay was several weeks not months; where the delay was accounted for; and where there was no significant prejudice to the Respondent. All three of these conditions are satisfied in this case.’

  Facts

• Both parties reside in New Zealand and have dual British and New Zealand citizenship. They met in England in 2000 and resided here during the first years of their relationship and marriage having got married in New Zealand in 2006. In 2009 the parties...

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