Walkden v Walkden

Walkden v Walkden

The sale of the husband's shares at a higher value was foreseeable and within the contemplation of the parties at the time of settlement; there was no mistake or actionable non-disclosure, and thus no basis to reopen the consent order under Barder or other principles.

Parties
Appellant: Martin Robert Walkden; Respondent: Kim Hazel Walkden
Jurisdiction
England and Wales
Judgment Date
25 June 2009
Procedural Posture
Civil Appeal (ancillary Relief / Family) / Appeal From Order Granting Leave to Reopen Ancillary Relief Order
Outcome
Appeal allowed; order granting leave to reopen ancillary relief order set aside.
Legal Topics
Ancillary Relief, Consent Orders, Barder Events, Mistake, Non Disclosure, Variation of Orders
Family Law Ancillary Relief Consent Orders Barder Events Mistake Non Disclosure Variation of Orders

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Parties

Martin Robert Walkden

Appellant

Kim Hazel Walkden

Respondent

Procedural Posture

Civil Appeal (ancillary Relief / Family) / Appeal From Order Granting Leave to Reopen Ancillary Relief Order

Legal Issues

  1. 1 Whether the sale of shares after a consent order constitutes a Barder event justifying reopening the order
  2. 2 Whether the order should be set aside for mistake or non-disclosure

Ratio Decidendi

The sale of the husband's shares at a higher value was foreseeable and within the contemplation of the parties at the time of settlement; there was no mistake or actionable non-disclosure, and thus no basis to reopen the consent order under Barder or other principles.

Court Disposition

Appeal allowed; order granting leave to reopen ancillary relief order set aside.

Orders

  • Permission to appeal granted.
  • Order of His Honour Judge Hunt granting leave to reopen the ancillary relief order is set aside.