Burns v Burns

Burns v Burns

Although the wife demonstrated that the consent order required review due to subsequent events and the husband's conduct, her right to review was forfeited by her and her advisers' failure to act promptly, as required by the Barder principles. The delay of approximately three years was unjustified and fatal to her application.

Parties
Applicant: Mrs Christine Burns; Respondent: Mr John Burns
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Civil Appeal (family/ancillary Relief) / Application for Extension of Time and Permission to Appeal
Outcome
Application for extension of time refused; application for permission to appeal refused.
Legal Topics
Ancillary Relief, Consent Orders, Duty of Candour, Delay in Appeals, Setting Aside Orders
Family Law Ancillary Relief Consent Orders Duty of Candour Delay in Appeals Setting Aside Orders

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Parties

Mrs Christine Burns

Applicant

Mr John Burns

Respondent

Procedural Posture

Civil Appeal (family/ancillary Relief) / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the consent order in ancillary relief should be set aside due to misrepresentation, breach of duty of candour, or supervening event
  2. 2 Whether the application to appeal was made reasonably promptly as required by the Barder principles

Ratio Decidendi

Although the wife demonstrated that the consent order required review due to subsequent events and the husband's conduct, her right to review was forfeited by her and her advisers' failure to act promptly, as required by the Barder principles. The delay of approximately three years was unjustified and fatal to her application.

Court Disposition

Application for extension of time refused; application for permission to appeal refused.

Orders

  • Application for extension of time refused.
  • Application for permission to appeal refused.