Christopher Stirling succeeds in resisting appeal in the Court of Appeal

08 February 2013

Christopher Stirling succeeded in resisting appeal in Court of Appeal in Kremen v Agrest Approved Judgment, 5th February 2013.

The appeal was from the decision of Mostyn J in Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012] EWHC 45 (Fam) and related to that part of the judgment where Mostyn J had refused to make a charging order, obtained by the intervener, absolute.

The appeal clarifies the circumstances of a spouse which a court can take into account when simultaneously hearing an application for financial remedies by that spouse and an application by the other spouse’s creditor for a charging order absolute. In particular it clarifies the guidance given in Harman v Glencross [1986] Fam. 81 on the exercise of the court’s discretion under the Charging Orders Act 1979 in these circumstances.