Blooman v Blooman

Blooman v Blooman

There was a binding agreement reached at the FDR, Mr Blooman entered into it with knowledge of the circumstances, and any remedy regarding the contents lies against his solicitors. There was no fraud, mistake, material non-disclosure, duress, or Barder event to justify setting aside the order or granting permission to appeal out of time. The lower courts' decisions were open to them on the facts and law, and there is no real prospect of success on appeal.

Parties
Appellant: Larry John Blooman; Respondent: Mrs Blooman
Jurisdiction
England and Wales
Judgment Date
25 February 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
application for permission to appeal refused
Legal Topics
Ancillary Relief, Variation of Periodical Payments, Setting Aside Consent Orders, Appeal Procedure, Non Disclosure, Conduct in Financial Proceedings
Family Law Ancillary Relief Variation of Periodical Payments Setting Aside Consent Orders Appeal Procedure Non Disclosure Conduct in Financial Proceedings

Case Brief

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Parties

Larry John Blooman

Appellant

Mrs Blooman

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether there was a binding agreement capable of being made into a court order under the Matrimonial Causes Act 1973
  2. 2 Whether the order should be set aside for non-disclosure, mistake, duress, or a Barder event
  3. 3 Whether permission to appeal out of time should be granted

Ratio Decidendi

There was a binding agreement reached at the FDR, Mr Blooman entered into it with knowledge of the circumstances, and any remedy regarding the contents lies against his solicitors. There was no fraud, mistake, material non-disclosure, duress, or Barder event to justify setting aside the order or granting permission to appeal out of time. The lower courts' decisions were open to them on the facts and law, and there is no real prospect of success on appeal.

Court Disposition

application for permission to appeal refused

Orders

  • Application for permission to appeal against Judge Black’s order is refused.