NLW v ARC

NLW v ARC

The court found a clear prima facie case of non-disclosure and undue influence, concluding that the grounds for appeal have merit and that it is more likely than not the appeal will succeed, thus granting permission to appeal and extending the time for appealing.

Source-derived case information.

Parties
Applicant: N. L. W.; Respondent: A. R. C.
Jurisdiction
England and Wales
Judgment Date
13 January 2012
Procedural Posture
Family Appeal / Application for Permission to Appeal Consent Order
Outcome
Permission to appeal granted; time for appealing extended.
Legal Topics
Ancillary Relief, Appeals Procedure, Consent Orders, Non Disclosure, Undue Influence
Family Law Ancillary Relief Appeals Procedure Consent Orders Non Disclosure Undue Influence

Source-derived case record

Summary, issues, holding and outcome

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Parties

N. L. W.

Applicant

A. R. C.

Respondent

Procedural Posture

Family Appeal / Application for Permission to Appeal Consent Order

Legal Issues

  1. 1 Whether permission to appeal a consent order for ancillary relief should be granted
  2. 2 Whether there was non-disclosure
  3. 3 Whether there was undue influence

Ratio Decidendi

The court found a clear prima facie case of non-disclosure and undue influence, concluding that the grounds for appeal have merit and that it is more likely than not the appeal will succeed, thus granting permission to appeal and extending the time for appealing.

Court Disposition

Permission to appeal granted; time for appealing extended.

Orders

  • Half-day directions hearing to be listed before Easter 2012 to consider fresh evidence inter partes.
  • Appeal proper to be listed on dates convenient to counsel with a time estimate of three days.