Horne v Horne

Horne v Horne

The appeal was allowed because the fall in asset values and continued business losses were foreseeable at the time of the original order and did not constitute a Barder event; the county court also failed to follow proper procedure and misapplied established legal principles.

Parties
Appellant: Jane Caroline Horne; Respondent: Stephen John Horne
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Ancillary Relief, Variation of Financial Orders, Barder Events, Matrimonial Causes Act 1973
Family Law Ancillary Relief Variation of Financial Orders Barder Events Matrimonial Causes Act 1973

Case Brief

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Parties

Jane Caroline Horne

Appellant

Stephen John Horne

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a fall in asset value due to market fluctuations constitutes a Barder event justifying variation of a financial order
  2. 2 Whether the county court followed proper procedure in admitting fresh evidence and allowing the appeal

Ratio Decidendi

The appeal was allowed because the fall in asset values and continued business losses were foreseeable at the time of the original order and did not constitute a Barder event; the county court also failed to follow proper procedure and misapplied established legal principles.

Court Disposition

appeal allowed

Orders

  • Order of HHJ Corrie set aside