B v B [2007] EWHC 2472 (Fam) (26 October 2007)

B v B [2007] EWHC 2472 (Fam) (26 October 2007)

The increase in the value of the property was due to foreseeable factors: a rising property market and the husband's refurbishment efforts. There was no fundamental error in the original valuation, no actionable misrepresentation, and no supervening Barder event. The circumstances did not meet the strict conditions for reopening a consent order under the Barder principle. The wife's application had no reasonable prospect of success and was dismissed.

Citation
[2007] EWHC 2472 (Fam)
Parties
Applicant: B; Respondent: B
Jurisdiction
England and Wales
Judgment Date
26 October 2007
Procedural Posture
Ancillary Relief / Financial Remedy (family) / Application for Leave to Appeal Out of Time Against a Consent Order
Outcome
Application dismissed
Legal Topics
Ancillary Relief, Consent Orders, Variation of Financial Orders, Barder Events, Misrepresentation, Valuation of Assets
Family Law Ancillary Relief Consent Orders Variation of Financial Orders Barder Events Misrepresentation Valuation of Assets

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Parties

B

Applicant

B

Respondent

Procedural Posture

Ancillary Relief / Financial Remedy (family) / Application for Leave to Appeal Out of Time Against a Consent Order

Legal Issues

  1. 1 Whether the applicant wife should be granted leave to appeal out of time against a consent order for financial provision on grounds of error of valuation, misrepresentation, or a supervening Barder event.

Ratio Decidendi

The increase in the value of the property was due to foreseeable factors: a rising property market and the husband's refurbishment efforts. There was no fundamental error in the original valuation, no actionable misrepresentation, and no supervening Barder event. The circumstances did not meet the strict conditions for reopening a consent order under the Barder principle. The wife's application had no reasonable prospect of success and was dismissed.

Court Disposition

Application dismissed

Orders

  • The wife's application for leave to appeal out of time is dismissed.
  • The applicant is ordered to pay the respondent's costs, to be assessed if not agreed.