McG v McG [2009] NIFam 6 (6 March 2009)

McG v McG [2009] NIFam 6 (6 March 2009)

There is no jurisdiction to set aside a consent order in ancillary relief proceedings due to new events such as price fluctuations; leave to appeal out of time may be granted only if new events invalidate the fundamental assumptions of the order, which was not established in this case. However, leave to appeal is granted to allow the Court of Appeal to consider the general merits and provide authoritative guidance.

Citation
[2009] NIFam 6
Parties
Petitioner: MG McG; Respondent: B McG
Jurisdiction
Northern Ireland
Judgment Date
06 March 2009
Procedural Posture
Ancillary Relief Application / Application for Directions and Leave to Appeal Out of Time
Outcome
Leave to appeal out of time granted; application to set aside consent order refused.
Legal Topics
Ancillary Relief, Consent Orders, Variation of Orders, Appeal Out of Time, Setting Aside Orders
Family Law Ancillary Relief Consent Orders Variation of Orders Appeal Out of Time Setting Aside Orders

Case Brief

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Parties

MG McG

Petitioner

B McG

Respondent

Procedural Posture

Ancillary Relief Application / Application for Directions and Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether a consent order for ancillary relief can be set aside due to new events
  2. 2 Whether leave to appeal out of time should be granted due to dramatic changes in asset values
  3. 3 Jurisdictional basis for setting aside consent orders in family proceedings

Ratio Decidendi

There is no jurisdiction to set aside a consent order in ancillary relief proceedings due to new events such as price fluctuations; leave to appeal out of time may be granted only if new events invalidate the fundamental assumptions of the order, which was not established in this case. However, leave to appeal is granted to allow the Court of Appeal to consider the general merits and provide authoritative guidance.

Court Disposition

Leave to appeal out of time granted; application to set aside consent order refused.

Orders

  • Leave to appeal out of time from the consent order granted.
  • Application to set aside the consent order refused.