L v L

L v L

The husband's applications to set aside the consent order disclose no reasonable cause of action. Bad legal advice, pressure short of undue influence, mistake as alleged, or non-disclosure as alleged are not grounds for setting aside a final consent order. The order, though generous, was knowingly entered into and not manifestly unjust so as to warrant judicial intervention. The husband's application under section 31 to vary periodical payments is not devoid of merit and should proceed.

Parties
Applicant/respondent: L (husband); Respondent/petitioner: L (wife)
Jurisdiction
England and Wales
Judgment Date
02 May 2006
Procedural Posture
Family/ancillary Relief (consent Order) / Application to Strike Out Husband's Applications to Set Aside/vary Consent Order; Ruling on Strike Out and Section 31 Application
Outcome
Husband's applications to set aside the consent order are struck out; husband's application under section 31 Matrimonial Causes Act 1973 to vary periodical payments may proceed.
Legal Topics
Ancillary Relief, Consent Orders, Variation of Orders, Finality of Litigation, Bad Legal Advice, Non Disclosure, Mistake, Undue Influence
Family Law Ancillary Relief Consent Orders Variation of Orders Finality of Litigation Bad Legal Advice Non Disclosure Mistake +1 more

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Parties

L (husband)

Applicant/respondent

L (wife)

Respondent/petitioner

Procedural Posture

Family/ancillary Relief (consent Order) / Application to Strike Out Husband's Applications to Set Aside/vary Consent Order; Ruling on Strike Out and Section 31 Application

Legal Issues

  1. 1 Whether a consent order in ancillary relief proceedings can be set aside on grounds of bad legal advice, mistake, non-disclosure, undue influence, or unfairness;
  2. 2 Whether the husband's applications to set aside the consent order disclose any reasonable cause of action;
  3. 3 Whether the husband's application under section 31 Matrimonial Causes Act 1973 to vary periodical payments should be struck out.

Ratio Decidendi

The husband's applications to set aside the consent order disclose no reasonable cause of action. Bad legal advice, pressure short of undue influence, mistake as alleged, or non-disclosure as alleged are not grounds for setting aside a final consent order. The order, though generous, was knowingly entered into and not manifestly unjust so as to warrant judicial intervention. The husband's application under section 31 to vary periodical payments is not devoid of merit and should proceed.

Court Disposition

Husband's applications to set aside the consent order are struck out; husband's application under section 31 Matrimonial Causes Act 1973 to vary periodical payments may proceed.

Orders

  • Notice of appeal, CPR Part 8 claim, and Family Division application struck out.
  • That part of husband's Form A not based on section 31 struck out.