MAP v RAP

MAP v RAP

Permission to appeal is granted on the grounds that it is arguable the applicant lacked capacity at the time of the consent order and/or that consent was withdrawn, and these grounds can be tried at first instance; general unfairness and non-disclosure are not arguable grounds in this case.

Parties
Applicant: MAP; Respondent: RAP
Jurisdiction
England and Wales
Judgment Date
03 December 2013
Procedural Posture
Family Law – Financial Remedy (consent Order) / Application for Permission to Appeal Out of Time Against a Consent Order
Outcome
Permission to appeal granted on grounds of lack of capacity and/or withdrawal of consent; matter to be tried at first instance.
Legal Topics
Setting Aside Consent Orders, Capacity to Litigate, Non Disclosure, Duress, Clean Break Orders, Appeal Procedure
Family Law Mental Capacity Law Civil Procedure Setting Aside Consent Orders Capacity to Litigate Non Disclosure Duress Clean Break Orders +1 more

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Parties

MAP

Applicant

RAP

Respondent

Procedural Posture

Family Law – Financial Remedy (consent Order) / Application for Permission to Appeal Out of Time Against a Consent Order

Legal Issues

  1. 1 Whether the applicant lacked capacity to enter into the consent order at the relevant time
  2. 2 Whether the court properly made a consent order without knowledge of the applicant's mental health and a letter alleging duress
  3. 3 Whether non-disclosure or general unfairness are valid grounds to set aside a consent order

Ratio Decidendi

Permission to appeal is granted on the grounds that it is arguable the applicant lacked capacity at the time of the consent order and/or that consent was withdrawn, and these grounds can be tried at first instance; general unfairness and non-disclosure are not arguable grounds in this case.

Court Disposition

Permission to appeal granted on grounds of lack of capacity and/or withdrawal of consent; 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 for such relief