CS v ACS & Anor [2015] EWHC 1005 (Fam) (16 April 2015)

CS v ACS & Anor [2015] EWHC 1005 (Fam) (16 April 2015)

The final sentence of PD30A para 14.1 is ultra vires and cannot restrict the applicant's right to challenge a consent order at first instance for material non-disclosure; applicant may proceed without permission.

Citation
[2015] EWHC 1005 (Fam)
Parties
Applicant: CS; First Respondent: ACS; Second Respondent: BH
Jurisdiction
England and Wales
Judgment Date
16 April 2015
Procedural Posture
Family Law Ancillary Relief / Application to Set Aside Part of Consent Order and Substitute Maintenance Order
Outcome
Application allowed; applicant may proceed as she has without permission.
Legal Topics
Ancillary Relief, Consent Orders, Practice Directions, Non Disclosure, Ultra Vires
Family Law Civil Procedure Ancillary Relief Consent Orders Practice Directions Non Disclosure Ultra Vires

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Parties

CS

Applicant

ACS

First Respondent

BH

Second Respondent

Procedural Posture

Family Law Ancillary Relief / Application to Set Aside Part of Consent Order and Substitute Maintenance Order

Legal Issues

  1. 1 Whether PD30A para 14.1 validly restricts challenges to consent orders to appeals only
  2. 2 Whether applicant can proceed by application to set aside consent order for non-disclosure without permission

Ratio Decidendi

The final sentence of PD30A para 14.1 is ultra vires and cannot restrict the applicant's right to challenge a consent order at first instance for material non-disclosure; applicant may proceed without permission.

Court Disposition

Application allowed; applicant may proceed as she has without permission.

Orders

  • Applicant entitled to proceed by application to set aside consent order for non-disclosure without permission.
  • PD30A para 14.1 treated as a nullity for being ultra vires.