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Family Law

The leading authority on all aspects of family law

18 OCT 2012

FINANCIAL REMEDIES:Kremen v Agrest [2012] EWCA Civ 1266

(Court of Appeal, Lloyd LJ, 18 September 2012) 

Three applications for permission to appeal were made from Kremen v Agrest (No 11) [2012] EWHC 45 (Fam) by the husband and two business associates. The husband failed to attend the original hearing despite an order that both the husband and wife should attend. He also failed to attend the permission to appeal hearing, and his McKenzie friend was refused permission to appear on his behalf.

One business associate, Mr Fishman, sought permission to appeal the decision refusing him permission to intervene in order to secure payment of an outstanding debt owed to him by the husband. Both his and the husband's appeals had no substance and so permission was refused. Another business associate, Mr Chesnokov, sought to appeal the decision not to grant a charging order over one of the husband's properties remaining in this jurisdiction and claimed the judge went beyond the limits of Harman v Glencross. The judge found there was substance to that ground and permission to appeal was, therefore, granted.

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