FA-2024-000237 - [2025] EWHC 727 (Fam)

This is my judgment in the appeal in this matter which was listed before me on Friday the 7 March 2025. It is being written on Monday the 10 March 2025, and will be sent out in draft on the 11 March 2025. The appeal was listed for one day and there was not time after the conclusion of oral submissions for me to consider and deliver a judgment. There is some urgency in delivering this judgment because there is a possibility of a sale of a property, which, as things stand has been stayed. I will in this judgment not deal with all the points raised and argued in front of me, but I will set out the factors I have considered necessary to take into account and the reasoning which has led me to my conclusions.

The decision which is being appealed is that of HHJ Spinks dated the 31 May 2024. It is described as a determination of a Barrell application. In this judgment I shall continue to use that description although it may be a misnomer given the Supreme Court decisions in In the matter of L and B [2013] UKSC 8 and AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16.

The appellant, X (the wife), has been represented in front of me by Gina Allwood. She is instructed on a direct access basis. She was not trial counsel. The respondent, Y (the husband), has been represented by Katharine Bundell, who represented Y at trial. I am grateful to both for their assistance to me in their presentation of this matter. I have had the benefit of a bundle with relevant papers in the appeal and an authorities bundle.