Burns v Burns [2004] EWCA Civ 1258 (30 July 2004)

Although the circumstances justified review of the consent order due to the husband's conduct and the dramatic increase in the sale price of Awbridge Danes, the wife's application failed because she did not act promptly after becoming aware of the relevant facts, thus failing the third Barder condition.

Citation: [2004] EWCA Civ 1258
Parties: Respondent/applicant: Mrs Christine Burns; Appellant/respondent: Mr John Burns
Jurisdiction: England and Wales
Judgment Date: 30 July 2004
Procedural Posture: Appeal (family Law Ancillary Relief) / Application for Extension of Time and Permission to Appeal
Outcome: Application for extension of time refused; application for permission to appeal refused.
Legal Topics: Ancillary Relief, Consent Orders, Duty of Candour, Misrepresentation, Supervening Events, Delay in Appeal

Family Law Ancillary Relief Consent Orders Duty of Candour Misrepresentation Supervening Events Delay in Appeal

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Parties

Mrs Christine Burns

Respondent/applicant

Mr John Burns

Appellant/respondent

Procedural Posture

Appeal (family Law Ancillary Relief) / Application for Extension of Time and Permission to Appeal

Legal Issues

1 Whether the consent order in ancillary relief proceedings should be set aside due to misrepresentation or supervening event
2 Whether the application to reopen the order was made promptly as required by law

Ratio Decidendi

Court Disposition

Application for extension of time refused; application for permission to appeal refused.

Orders

Application for extension of time refused
Application for permission to appeal refused