Powell v Powell [2001] EWCA Civ 1495 (3 October 2001)

Powell v Powell [2001] EWCA Civ 1495 (3 October 2001)

The application was dismissed because the order was made by consent, and any issues Mrs Powell had with her legal representation or understanding of the order do not entitle her to have the consent order overturned. Her remedy, if any, lies elsewhere, not in an appeal against the consent order.

Citation
[2001] EWCA Civ 1495
Parties
Claimant: John Emrys Powell; Defendant/applicant: Margaret Elaine Powell
Jurisdiction
England and Wales
Judgment Date
03 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Consent Orders, Appeals Against Consent Orders, Division of Property, Equitable Accounting
Property Law Civil Procedure Consent Orders Appeals Against Consent Orders Division of Property Equitable Accounting

Case Brief

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Parties

John Emrys Powell

Claimant

Margaret Elaine Powell

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether a consent order can be appealed by a party alleging lack of information and inadequate legal representation
  2. 2 Whether the court can overturn a consent order on grounds of alleged procedural unfairness

Ratio Decidendi

The application was dismissed because the order was made by consent, and any issues Mrs Powell had with her legal representation or understanding of the order do not entitle her to have the consent order overturned. Her remedy, if any, lies elsewhere, not in an appeal against the consent order.

Court Disposition

application dismissed

Orders

  • Application for permission to appeal dismissed.