10 Jan 2012
CH v. MEH
- Citation
- CH v. MEH
- Court
- Court of Appeal
- Case number
- CACV92/2011
The Court of Appeal applied a strict approach: variation of a lump sum payable by instalments under a consent order will only be permitted where events since the order have so fundamentally changed the assumptions underpinning it that it is unjust or impracticable to enforce; the global financial crisis and resultant depreciation in the husbands assets did not meet that threshold because the turmoil was already foreseeable at the FDR date and asset fluctuations alone do not justify reopening the consent award; accordingly the judge did not err in refusing to discharge the second instalment a…