MAP v RAP [2013] EWHC 4784 (Fam) (03 December 2013)

Permission to appeal is granted as it is strongly arguable that the applicant lacked capacity at the relevant time and/or consent was withdrawn, and these grounds can be tried at first instance under Rule 4.1(6).

Citation: [2013] EWHC 4784 (Fam)
Parties: Applicant: MAP; Respondent: RAP
Jurisdiction: England and Wales
Judgment Date: 03 December 2013
Procedural Posture: Application for Permission to Appeal (family Law, Financial Remedy) / Permission to Appeal Against Consent Order, High Court
Outcome: Permission to appeal granted; matter to be tried at first instance.
Legal Topics: Setting Aside Consent Orders, Capacity to Litigate, Non Disclosure, Duress, Clean Break Orders

Family Law Mental Capacity Law Civil Procedure Setting Aside Consent Orders Capacity to Litigate Non Disclosure Duress Clean Break Orders

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4

Parties

MAP

Applicant

RAP

Respondent

Procedural Posture

Application for Permission to Appeal (family Law, Financial Remedy) / Permission to Appeal Against Consent Order, High Court

Legal Issues

1 Whether the applicant lacked capacity to consent to the order
2 Whether the court approved the order without knowledge of applicant's mental health
3 Whether consent was withdrawn prior to the order

Ratio Decidendi

Court Disposition

Permission to appeal granted; matter to be tried at first instance.

Orders

Declaration that PD 30A para.14.1 does not prevent application to revoke order on grounds of withdrawal of consent and/or lack of capacity.
Notice of appeal deemed to be an application seeking such relief.