CS v ACS & Anor

CS v ACS & Anor

PD30A para 14.1 is ultra vires and cannot restrict the applicant's right to challenge a consent order at first instance; applicant may proceed without permission.

Parties
Applicant: CS; First Respondent: ACS; Second Respondent: BH
Jurisdiction
England and Wales
Judgment Date
16 April 2015
Procedural Posture
Family (ancillary Relief) / Ruling on Procedural Challenge to Consent Order
Outcome
Applicant entitled to proceed as she has; permission not required.
Legal Topics
Ancillary Relief, Consent Orders, Non Disclosure, Practice Directions, Appeals, Ultra Vires
Family Law Civil Procedure Ancillary Relief Consent Orders Non Disclosure Practice Directions Appeals Ultra Vires

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Parties

CS

Applicant

ACS

First Respondent

BH

Second Respondent

Procedural Posture

Family (ancillary Relief) / Ruling on Procedural Challenge to Consent Order

Legal Issues

  1. 1 Whether PD30A para 14.1 validly restricts challenges to consent orders to appeals only
  2. 2 Whether applicant can apply to set aside consent order at first instance without permission
  3. 3 Whether PD30A para 14.1 is ultra vires

Ratio Decidendi

PD30A para 14.1 is ultra vires and cannot restrict the applicant's right to challenge a consent order at first instance; applicant may proceed without permission.

Court Disposition

Applicant entitled to proceed as she has; permission not required.

Orders

  • Application to set aside consent order may proceed at first instance without permission.