Heyer v Newby [2005] EWCA Civ 1311 (19 October 2005)

Heyer v Newby [2005] EWCA Civ 1311 (19 October 2005)

The judge was entitled to find that the wife did not have sufficient information to bring an application to set aside the consent order until the husband's Form E was produced in December 2003, and that her delay was not such as to disentitle her to relief. The husband's failure to provide full and frank disclosure justified setting aside the order. The costs order in favour of the wife was within the judge's discretion.

Citation
[2005] EWCA Civ 1311
Parties
Petitioner/respondent: Huibertje-Gerharda Den Heyer (formerly Newby); Respondent/appellant: Leonard John Newby
Jurisdiction
England and Wales
Judgment Date
19 October 2005
Procedural Posture
Appeal (family Law Ancillary Relief) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed; applications refused.
Legal Topics
Ancillary Relief, Consent Orders, Non Disclosure, Variation of Periodical Payments, Setting Aside Orders, Costs
Family Law Ancillary Relief Consent Orders Non Disclosure Variation of Periodical Payments Setting Aside Orders Costs

Case Brief

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Parties

Huibertje-Gerharda Den Heyer (formerly Newby)

Petitioner/respondent

Leonard John Newby

Respondent/appellant

Procedural Posture

Appeal (family Law Ancillary Relief) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether the consent order should be set aside for material non-disclosure by the husband
  2. 2 Whether the wife's delay in applying to set aside the order disentitled her to relief
  3. 3 Whether the costs order against the husband was appropriate

Ratio Decidendi

The judge was entitled to find that the wife did not have sufficient information to bring an application to set aside the consent order until the husband's Form E was produced in December 2003, and that her delay was not such as to disentitle her to relief. The husband's failure to provide full and frank disclosure justified setting aside the order. The costs order in favour of the wife was within the judge's discretion.

Court Disposition

Appeal dismissed; applications refused.

Orders

  • The wife's application to set aside the consent order succeeds.
  • The husband to pay the wife's costs of and relating to her application to set aside the consent order on the standard basis, with a substantial proportion on account.