S v S


Reference:
[2015] EWHC 1005 (Fam); [2015] 1 W.L.R. 4592; [2016] 1 F.L.R. 131; [2015] Fam. Law 647;

Date:
16th April 2015

Court:
Family Division

Facts:

A wife sought to set-aside a previous consent order made on her application for financial provision on divorce on grounds of non-disclosure and misrepresentation. The Husband argued the application could only be made by way of appeal, relying on the Family Procedure Rules.


Judge:
Sir James Munby PFD

Comment:

Mark Hubbard and family bar co-counsel Pegah Sharghy successfully argued that the wife’s application did not need to be made by way of appeal and that the statement to the contrary in FPR PD30A,  para 14.1 was ultra vires and should be treated as a nullity.

This decision establishes some solid ground in what for many years had been regarded as a procedural quagmire.

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