Braid v Barnes [1998] JLR 15 (09 January 1998)
- Citation
- [1998] JLR 15
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law Financial Provision / Application for Variation of Consent Order
More details
- Posture
- Family Law Financial Provision / Application for Variation of Consent Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the 'liberty to apply' clause must be interpreted strictly, confining the court's power to intervene only to issues arising in the execution of the order, and not permitting a broader review of the merits even if circumstances suggest otherwise.
Court disposition
application dismissed
02
Material facts
Parties
Braid
ApplicantBarnes
Respondent03
Procedural history
Posture
Family Law Financial Provision / Application for Variation of Consent Order
04
Questions and positions
Legal issues
- 01
Interpretation of 'liberty to apply' clause in consent order
- 02
Scope of court's power to vary financial provision orders
Party arguments
- Applicant
- Applicant sought a broad interpretation of the 'liberty to apply' clause to allow variation of the consent order based on the merits of the case.
- Respondent
- Respondent argued for a strict construction of the 'liberty to apply' clause, limiting the court's intervention to difficulties in execution only.
05
Court’s reasoning
Legal principles
- 01
[1998] JLR 15
A 'liberty to apply' clause in a consent order should be construed strictly, limiting the court's jurisdiction to difficulties in execution of the order, not to a general review of the merits.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the 'liberty to apply' clause must be interpreted strictly, confining the court's power to intervene only to issues arising in the execution of the order, and not permitting a broader review of the merits even if circumstances suggest otherwise.
Court disposition
application dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Braid v Barnes [1998] JLR 15 (09 January 1998) URL: https://www.bailii.org/je/cases/JLR/1998/JLR980015.html Cite as: [1998] JLR 15 [ New search ] [ Help ] Braid v Barnes 1998 JLR 15 (09 January 1998) Family Law - financial provision - variation - liberty to apply-consent order with provision that liberty to apply "in the event of difficulty in the execution of the terms of this order" to be construed strictly-prevents court from taking broad view of merits, even if required in circumstances The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1998 JLR 15 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1998/JLR980015.html
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