3 Jun 2003
LCM v. LYY
- Citation
- LCM v. LYY
- Court
- Court of Appeal
- Case number
- CACV445/2002
Where a decree absolute was procured by a false affirmation supporting substituted service and the absent spouse had in fact no time or opportunity to appeal the decree nisi, the Court of Appeal will allow an appeal and set aside the decree nisi and decree absolute; s.14(3)(d) HCO does not bar the appeal in those circumstances and the proper remedy in this case was an appeal to the Court of Appeal rather than re‑hearing or fresh action because of s.18 MCO.