Benjamin Rose: Financial remedy success in Family Court Appeal case.

Benjamin Rose successfully opposed two appeals by the Husband (an undischarged bankrupt) last week in financial remedy (post divorce) proceedings.

Representing the Wife, the challenging of the second of the appeals was particularly legally complex, based upon assertions by the Husband of judicial bias and allegations of conspiracy. Furthermore, the second of the appeals was made on the day of the hearing itself without notice. Ultimately the original listing of one day ran into two days of hearing time when Mr Rose successfully persuaded the Court to expedite the hearing of the second appeal, due to an earlier transfer to the High Court for  Enforcement of a possession order (use of HCEO's, formerly known as High Court Sheriffs). This has allowed the Wife to secure the immediate vacation by the Husband of the former matrimonial home, on which she has paid the mortgage since separation in 2024, despite not living there. Mr Rose also succeeded in obtaining a further costs order against the Husband (made in exceptional circumstances only) to ensure that the Wife retained her full financial settlement as previously ordered by the Court.