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

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

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.

Citation
[1998] JLR 15
Parties
Applicant: Braid; Respondent: Barnes
Jurisdiction
Jersey
Judgment Date
09 January 1998
Procedural Posture
Family Law Financial Provision / Application for Variation of Consent Order
Outcome
application dismissed
Legal Topics
Financial Provision, Variation of Consent Order, Liberty to Apply Clause
Family Law Financial Provision Variation of Consent Order Liberty to Apply Clause

Case Brief

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Parties

Braid

Applicant

Barnes

Respondent

Procedural Posture

Family Law Financial Provision / Application for Variation of Consent Order

Legal Issues

  1. 1 Interpretation of 'liberty to apply' clause in consent order
  2. 2 Scope of court's power to vary financial provision orders

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