EL v ML

EL v ML

The absence of Form D81 in the approval of the March 2021 consent order was a technical irregularity but did not result in injustice or unfairness; all parties and their lawyers were aware and agreed to the order, and the outcome would have been the same had the form been filed. The set aside application was totally without merit, and there was no real prospect of success on appeal out of time. The applications are dismissed.

Parties
Applicant: EL; Respondent: ML
Jurisdiction
England and Wales
Judgment Date
15 February 2023
Procedural Posture
Family/financial Remedies / Post Judgment Applications: Set Aside, Appeal, Civil Restraint Order
Outcome
Applications dismissed
Legal Topics
Financial Remedies, Consent Orders, Variation of Maintenance, Set Aside Applications, Appeals Out of Time, Civil Restraint Orders
Family Law Financial Remedies Consent Orders Variation of Maintenance Set Aside Applications Appeals Out of Time Civil Restraint Orders

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Parties

EL

Applicant

ML

Respondent

Procedural Posture

Family/financial Remedies / Post Judgment Applications: Set Aside, Appeal, Civil Restraint Order

Legal Issues

  1. 1 Whether the March 2021 consent order should be set aside for procedural irregularity (absence of Form D81)
  2. 2 Whether permission to appeal out of time against the March 2021 order should be granted
  3. 3 Whether the wife's applications are totally without merit

Ratio Decidendi

The absence of Form D81 in the approval of the March 2021 consent order was a technical irregularity but did not result in injustice or unfairness; all parties and their lawyers were aware and agreed to the order, and the outcome would have been the same had the form been filed. The set aside application was totally without merit, and there was no real prospect of success on appeal out of time. The applications are dismissed.

Court Disposition

Applications dismissed

Orders

  • Application to set aside March 2021 order dismissed as totally without merit
  • Application for permission to appeal out of time dismissed as totally without merit