BF v LE

BF v LE

The appeal was refused because the application was made over 16 months out of time without good reason, and the substantive grounds (lack of capacity and absence of participatory directions) either should have been raised on appeal or did not amount to a breach of natural justice affecting the outcome. There was no evidence the appellant lacked capacity at the relevant hearing, and the absence of special measures did not render the proceedings unfair given the context and issues in the case.

Parties
Appellant: BF; Respondent: LE
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Appeal / Appeal Against Refusal to Set Aside Financial Remedy Order
Outcome
Appeal refused
Legal Topics
Mental Capacity, Financial Remedies, Domestic Abuse, Procedural Fairness, Participation Directions, Delay in Appeal
Family Law Mental Capacity Financial Remedies Domestic Abuse Procedural Fairness Participation Directions Delay in Appeal

Case Brief

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Parties

BF

Appellant

LE

Respondent

Procedural Posture

Family Law Appeal / Appeal Against Refusal to Set Aside Financial Remedy Order

Legal Issues

  1. 1 Whether the appellant lacked mental capacity at the time of the final hearing and signing of the consent order
  2. 2 Whether the absence of participatory directions/special measures constituted a procedural irregularity justifying setting aside the order
  3. 3 Whether the application to appeal out of time should be allowed

Ratio Decidendi

The appeal was refused because the application was made over 16 months out of time without good reason, and the substantive grounds (lack of capacity and absence of participatory directions) either should have been raised on appeal or did not amount to a breach of natural justice affecting the outcome. There was no evidence the appellant lacked capacity at the relevant hearing, and the absence of special measures did not render the proceedings unfair given the context and issues in the case.

Court Disposition

Appeal refused