George Green Family Team succeed in High Court

14 Jul 2023

Published in: Member News

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George Green Family Team succeed in High Court Appeal - Appeal Court agree to set aside a Financial Order made against a Husband in Divorce Proceedings

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George Green Solicitors acted on behalf of the Husband in a combined appeal brought by him and 5 companies of which he is the sole or majority shareholder. The appeal arose in the context of a Final Order made in financial remedy proceedings in the Family Court in Birmingham.

During the original proceedings, neither the husband nor the companies were represented at the final hearing. The entire hearing was conducted in their absence and there was no attendance by any legal representative instructed by the husband or on behalf of the companies. The husband was a litigant in person during this time and the financial orders were made without his attendance at the hearing.

The Husband’s grounds of appeal were that the Judge at first instance failed to consider medical evidence to explain his non-attendance and request for an adjournment; that the Judge incorrectly attributed the beneficial ownership of assets to the Husband when they were owned by the companies; and that the Judge erred in her computation of the asset value by attributing a value of £2.4million to a particular company without proper forensic evidence to support this conclusion, as well as reaching a conclusion that the assets in the case amounted to £6.5million. The Husband’s case was that the Judge was erroneous to reach the conclusion that she did in first instance.

The Appeal Court agreed with the Husband and the Companies’ combined appeal. The success of the appeal means the Order has now been set aside.

Mark Vandaele, Head of the Family Department says: “Success at the High Court to appeal a Financial Remedy Order is no easy feat. The decision of the Court at first instance was plainly wrong and I am pleased for our client that the erroneous decision has been overturned. Well done to all members of the team involved for putting in the hard yards to achieve this result”.

Aimee Stokes, Family Law Solicitor, says: “Working on this Appeal has been very rewarding. Fighting for our clients to receive a fair outcome is what we do best, and I am proud to have played a role in the success of our client in his appeal. At George Green, we make a difference by helping our clients to succeed, as evidenced by the outcome we have achieved in this case. Our client is delighted with the outcome”.

George Green briefed Juliet Allen of St Philips Chambers and Brent Molyneux KC of 29 Bedford Row Chambers.

You can read the full Judgement here.

George Green LLP is a leading full service law firm and recognised as such in both Legal 500 and Chambers and Partners. George Green LLP’s family law solicitors are available to take instructions in respect of Financial Remedy and Divorces Cases and Appeals of Financial decisions.