IC v RC

IC v RC

The court had jurisdiction under the slip rule to correct the accidental error in the 2017 order at any time, regardless of whether the order was extant, as the correction reflected the court's original intention and served the interests of justice. The husband's appeal lacked merit, was out of time without good reason, and there was no compelling reason to grant permission to appeal.

Parties
Applicant: IC; Respondent: RC
Jurisdiction
England and Wales
Judgment Date
12 November 2020
Procedural Posture
Family Appeal / Judgment on Application for Permission to Appeal Out of Time and Appeal
Outcome
Appeal dismissed; permission to appeal out of time refused; slip rule correction upheld.
Legal Topics
Slip Rule, Correction of Court Orders, Financial Remedies, Appeals Procedure, Relief From Sanctions
Family Law Slip Rule Correction of Court Orders Financial Remedies Appeals Procedure Relief From Sanctions

Case Brief

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Parties

IC

Applicant

RC

Respondent

Procedural Posture

Family Appeal / Judgment on Application for Permission to Appeal Out of Time and Appeal

Legal Issues

  1. 1 Whether the court had jurisdiction to amend a non-extant order under the slip rule
  2. 2 Whether the slip rule was properly applied to correct an accidental error in a financial remedy order
  3. 3 Whether the appeal should be allowed out of time

Ratio Decidendi

The court had jurisdiction under the slip rule to correct the accidental error in the 2017 order at any time, regardless of whether the order was extant, as the correction reflected the court's original intention and served the interests of justice. The husband's appeal lacked merit, was out of time without good reason, and there was no compelling reason to grant permission to appeal.

Court Disposition

Appeal dismissed; permission to appeal out of time refused; slip rule correction upheld.

Orders

  • Appeal by the husband dismissed
  • Permission to appeal out of time refused