AM v NW

AM v NW

The applicant failed to satisfy the second and third limbs of the test under r. 27.5 FPR10, as he did not have a good reason for not attending the hearing and did not demonstrate a reasonable prospect of success. His disengagement was deliberate, and the final order was within the court's discretion based on the evidence.

Parties
Applicant: AM; Respondent: NW
Jurisdiction
England and Wales
Judgment Date
29 July 2025
Procedural Posture
Financial Remedies / Application to Set Aside Final Order Under R. 27.5 FPR10
Outcome
Application to set aside dismissed
Legal Topics
Financial Remedies, Set Aside Applications, Remote Hearings, Procedural Fairness
Family Law Financial Remedies Set Aside Applications Remote Hearings Procedural Fairness

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Parties

AM

Applicant

NW

Respondent

Procedural Posture

Financial Remedies / Application to Set Aside Final Order Under R. 27.5 FPR10

Legal Issues

  1. 1 Whether the applicant satisfied the three limbs of the test under r. 27.5 FPR10 for setting aside a judgment made in his absence
  2. 2 Whether the applicant acted promptly
  3. 3 Whether the applicant had a good reason for not attending the hearing

Ratio Decidendi

The applicant failed to satisfy the second and third limbs of the test under r. 27.5 FPR10, as he did not have a good reason for not attending the hearing and did not demonstrate a reasonable prospect of success. His disengagement was deliberate, and the final order was within the court's discretion based on the evidence.

Court Disposition

Application to set aside dismissed

Orders

  • Applicant permitted fourteen days from 3 July 2025 to comply with the final order dated 11 March 2025
  • Respondent's application for costs adjourned to next enforcement hearing