Jersey Judgment

Braid v Barnes [1998] JLR 15 (09 January 1998)

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Source document

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

Applicant

Barnes

Respondent

03

Procedural history

  1. Posture

    Family Law Financial Provision / Application for Variation of Consent Order

04

Questions and positions

Legal issues

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

  1. 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

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Judgment text

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Source document

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Judgment

[1998] JLR 15

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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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[1998] JLR 15

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