Leave: no stone unturned in Potanina v Potanin in the Court Appeal again

Abstract

As family law sagas go, few can compete with Potanina v Potanin (No.2) [2025] EWCA Civ 1136. Giving the judgment of the Court of Appeal, Cobb LJ observed: This case has already consumed very substantial resources of the parties and the court. It is notable that the wife made her Part III 1984 Act application nearly seven years ago, and it has not yet even satisfactorily completed the leave stage. At the time of this hearing, this litigation, concerning the wife’s application for financial provision after overseas divorce under the Matrimonial and Family Proceedings Act 1984 (the 1984 Act), had already been heard by the Court of Appeal and by the Supreme Court. At the time of writing, an application for permission to appeal to the Supreme Court again has been lodged. It, therefore, seems unlikely that this judgment will be the end of the Potanina saga.