BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam) (26 October 2012)

BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam) (26 October 2012)

The wife is not estopped from seeking a finding as to the date of the agreement's formation in support of her add-back argument at the final hearing; neither the default judgment nor the compromise order precludes her from advancing this case, and the add-back argument is not struck out at this stage.

Citation
[2012] EWHC 2995 (Fam)
Parties
Petitioner: BP; Respondent: KP; 1st Intervener: NI; 2nd Intervener: OI
Jurisdiction
England and Wales
Judgment Date
26 October 2012
Procedural Posture
Family Financial Remedy Proceedings / Preliminary Issues Judgment Prior to Final Hearing
Outcome
Wife not estopped from arguing date of agreement or pursuing add-back at final hearing; preliminary objections dismissed.
Legal Topics
Res Judicata, Issue Estoppel, Cause of Action Estoppel, Add Back Doctrine, Financial Remedies on Divorce, Abuse of Process
Family Law Civil Procedure Res Judicata Issue Estoppel Cause of Action Estoppel Add Back Doctrine Financial Remedies on Divorce Abuse of Process

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Parties

BP

Petitioner

KP

Respondent

NI

1st Intervener

OI

2nd Intervener

Procedural Posture

Family Financial Remedy Proceedings / Preliminary Issues Judgment Prior to Final Hearing

Legal Issues

  1. 1 Whether the wife is barred by res judicata from asserting collusive fraud or disputing the date of an agreement in financial remedy proceedings
  2. 2 Whether the wife is barred from running an 'add-back' case regarding losses from enforcement of the agreement

Ratio Decidendi

The wife is not estopped from seeking a finding as to the date of the agreement's formation in support of her add-back argument at the final hearing; neither the default judgment nor the compromise order precludes her from advancing this case, and the add-back argument is not struck out at this stage.

Court Disposition

Wife not estopped from arguing date of agreement or pursuing add-back at final hearing; preliminary objections dismissed.

Orders

  • Wife permitted to argue date of agreement and add-back at final hearing.
  • No proleptic bar on wife's financial misconduct arguments.