FS v RS and JS [2020] EWFC 70 (11 November 2020)

The application to vary paragraph 7 of the order is dismissed because the applicant has provided no good reason to revisit the order, the time for variation has passed, and the Court of Appeal is now seized of the matter, making it inappropriate for the first instance judge to vary the order.

Citation: [2020] EWFC 70
Parties: Applicant: FS; Respondent: RS; Respondent: JS
Jurisdiction: England and Wales
Judgment Date: 11 November 2020
Procedural Posture: Family Court Application for Variation of Order / Post Judgment Application, Matter Dealt With on Paper
Outcome: Application dismissed
Legal Topics: Variation of Order, Stay of Execution, TOLATA Claims, Appeal Procedure

Family Law Civil Procedure Variation of Order Stay of Execution TOLATA Claims Appeal Procedure

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Parties

Applicant

Respondent

Procedural Posture

Family Court Application for Variation of Order / Post Judgment Application, Matter Dealt With on Paper

Legal Issues

1 Whether the court should vary paragraph 7 of the order dated 30 September 2020 to allow the applicant additional time to pursue a TOLATA claim after the outcome of his appeal is known
2 Whether the first instance judge has jurisdiction to vary a perfected order when the matter is before the Court of Appeal

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application to vary paragraph 7 of the order dated 30 September 2020 is dismissed.