Annulment meaning

Procedural Guide This Procedural Guide outlines the approach to applications made under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) or section 66 of the Civil Partnership Act 2004 (CPA 2004), for spouses and civil partners, extended to former spouses, former civil partners and those previously engaged. MWPA 1882, s 17 and its civil partnership analogue allow the court to determine, in a summary fashion, disputes concerning title to or possession of property between spouses or civil partners. In practice, this route is seldom used given the extensive range of orders available under Part II of the Matrimonial Causes Act 1973 and CPA 2004, Sch 5. Applications may likewise be issued by former spouses and civil partners, and by individuals who were formerly engaged (technically, parties to a terminated agreement to marry or civil partnership agreement) within three years of the dissolution or annulment of the marriage or civil partnership, or the termination of the engagement. See Practice Note: Applications under the Married Women’s Property Act...

Annulment: payment in full Under section 282 of the Insolvency Act 1986 (IA 1986), a bankrupt may apply to have their bankruptcy annulled where they can discharge in full, and in particular in their entirety, the bankruptcy estate’s costs, expenses and claims, or, alternatively, provide security for those sums, as applicable. This Checklist and timeline sets out the procedure for annulment applications on this basis, identifying each step sequentially after settlement of the estate’s costs, expenses and claims, from payment through to the making of the annulment order, together with the matters that must be addressed once the order has been made, thereafter. It shows the stages in order. This Checklist and timeline does not apply to, or address, applications brought on the alternative ground in IA 1986, s 282(1)(a), namely a contention that the bankruptcy order should not have been made. For a Checklist and timeline dealing with applications on that alternative basis, see: Summary checklist and timeline for annulment applications where bankruptcy order ought not...

Annulment: bankruptcy order ought not to have been made One of the grounds in section 282 of the Insolvency Act 1986 (IA 1986) on which a bankrupt may seek annulment is that the bankruptcy order should not have been made. This Checklist and timeline summarises the procedure for applications brought on that basis, setting out the journey from preparing the application for issue right through to the making of the annulment order, together with matters to be addressed once the order is made. Drafting the application for issue Making of the annulment order Post-order matters to be dealt with This Checklist and timeline does not apply to applications relying on the alternative ground under IA 1986, s 282—where the costs, expenses and claims of the bankruptcy estate are paid in full or secured. For a Checklist and timeline dealing with that alternative, see: Summary checklist and timeline for annulment applications where payment in full—the position under the Insolvency (England and Wales)...

Mergers Court of Justice dismisses appeals by German energy utility companies regarding Commission’s decision to approve the acquisition by E.ON of the distribution and retail energy business as well as certain general assets of Innogy The Court of Justice has handed down its judgments in joined appeals C-171/24 P, C-172/24 P, C-173/24 P, C-174/24 P, C-175/24 P, C-176/24 P, C-177/24 P, C-178/24 P, and C-179/24 P, brought by German energy utilities against the Commission. These challenges targeted the General Court’s rulings that had rejected actions seeking annulment of the Commission’s decision conditionally authorising a related transaction involving E.ON and RWE’s assets. Each appeal was dismissed by the Court of Justice. The nine appeals concerned the General Court’s judgments in cases T-53/21, T-55/21, T-56/21, T-58/21, T-59/21, T-61/21, T-62/21, T-64/21, and T-53/21, which upheld the Commission’s 17 September 20219 decision conditionally clearing the acquisition by RWE of E.ON’s renewable and nuclear electricity generation assets (M.8870). The Court of Justice dismissed all nine appeals. Background RWE and E.ON are...

Antitrust Court of Justice dismisses appeal relating to the calculation of the fine in the pre-stressing cartel case The Court of Justice has delivered its ruling in Case C-70/23, Westfälische Drahtindustrie and Others v Commission, on an appeal brought against the General Court’s judgment in Case T-275/20. That judgment had rejected an action seeking annulment of the Commission’s decision of 30 June 2010, as later amended on 30 September 2010, in the pre-steel cartel matter (AT.38344) (the Commission’s 2010 decision). In 2010, the Commission imposed fines on Westfälische Drahtindustrie GmbH (WDI) and Westfälische Drahtindustrie Verwaltungsgesellschaft mbH & Co. KG (WDV), holding WDI jointly and severally liable with WDV and Pampus, for their participation in a cartel covering the supply of pre-stressing steel. On 15 July 2015, the General Court dismissed an appeal against the Commission’s 2010 decision (the General Court’s 2015 judgment). While it considered that the Commission had erred in its assessment of arguments on ability to pay, the General Court, exercising its unlimited jurisdiction, concluded...

Sriram (acting by her litigation friend, the Official Solicitor) v Revenue and Customs Commissioners and another [2024] EWHC 853 (Ch), [2024] All ER (D) 86 (Apr) What are the practical implications of this case? Creditors should act with care to ensure that service of a statutory demand (and bankruptcy petition) is properly effected, particularly where a debtor seeks to avoid service and has several addresses. Attempts to serve ought to be clearly and contemporaneously recorded. Creditors are required to take all reasonable measures to bring the document or documents to the debtor’s attention. However, this does not oblige them to attend or write to every address associated with the debtor that they know about. The addresses that must be tried will depend on the circumstances of the individual case. A wide, scattergun strategy to service is not expected. By way of example, if a debtor holds multiple properties and there is no reply to a visit or correspondence at one property, that location may not amount to a ‘known’...

This tracker monitors current Court of Justice appeals concerning State aid (Articles 107–109 TFEU) and other aid recovery actions. For concluded matters, consult Court of Justice State aid appeals—closed cases tracker. Note—closed appeals are transferred from this page to the closed trackers within seven days of the final ruling. For the Commission’s recent State aid decisions, see EU State aid decisions—ongoing cases tracker; for appeals pending before the General Court, see General Court State aid appeals—ongoing cases tracker; and for national references before the Court of Justice touching on State aid, see Court of Justice State aid national references—ongoing cases tracker. Appeals from the General Court Case C-306/26 P, LM v Commission — Appeal against the General Court’s order in Case T-261/25 declaring inadmissible an annulment action concerning parts of Commission decision SA.44944—Tax treatment of public casinos in Germany and SA.53552—Alleged guarantee for public casinos in Germany (Wirtschaftlichkeitsgarantie). Latest development: Lodged—07/04/2026. Case C-505/24 P, Condor Flugdienst v Ryanair —...

CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment of 7 December 2022; it is no longer maintained. See further, timeline. Case facts Outline Appeal before the General Court seeking annulment of the Commission’s readopted infringement decision of 17 December 2020, which imposed a reduced fine amounting to €9.4m (AT.39563). Latest development On 7 December 2022, the General Court delivered its judgment and dismissed the appeal in full. In particular, it found that: (i) CCPL grasped the Commission’s reasoning, and the material presented by CCPL was insufficient to overturn the presumption applied by the Commission that CCPL exercised decisive influence over entities within the CCPL group; and (iii) the Commission did not err in concluding that a fine reduction can only be warranted by the aim of preventing the undertaking’s economic viability from being irreparably endangered and its assets stripped of value, so the applicant’s intention to develop operating companies of the CCPL group cannot, in principle, justify such...

CASE HUB ARCHIVED —this archived case hub sets out the position as at the judgment dated 1 February 2024; it is no longer being actively maintained. See the timeline. Case facts Outline Appeals were brought against the General Court’s judgment in Case T-691/14, which partly upheld an action seeking annulment of the Commission’s decision imposing a fine on Scania for an alleged cartel in the market for medium-duty trucks (AT.39824). Outcome On 1 February 2024, the Court of Justice delivered its judgment, dismissing the appeal in its entirety...

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This document offers general guidance on applying for financial provision after an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984, or following an overseas dissolution under Sch 7 to the Civil Partnership Act 2004. Your family lawyer can provide advice tailored to your circumstances. Basics Under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), or the equivalent provisions of the Civil Partnership Act 2004 (CPA 2004), spouses or civil partners whose marriage or civil partnership has been brought to an end abroad and who have a connection with England and Wales may seek the financial remedies available in England and Wales, where the court considers it appropriate to make such orders. Either party can apply where the marriage or civil partnership has been dissolved or annulled, or where a legal separation has been granted overseas, unless that party has subsequently remarried or entered into a new civil partnership. Any overseas divorce or dissolution, annulment, or legal separation must be...