C v C [2017] NIFam 17 (20 November 2017)

The correct procedural route for challenging a consent order in ancillary relief proceedings on grounds of non-disclosure or misrepresentation is by an application to set aside the order, not by seeking leave to appeal out of time. Such an application should be made to the Master in the first instance.

Citation: [2017] NIFam 17
Parties: Petitioner: Mrs C; Respondent: Mr C
Jurisdiction: Northern Ireland
Judgment Date: 20 November 2017
Procedural Posture: Ancillary Relief / Family Law / Preliminary Ruling on Application for Leave to Appeal Out of Time
Outcome: Application adjourned to allow parties to consider and correct procedural course.
Legal Topics: Ancillary Relief, Consent Orders, Non Disclosure, Misrepresentation, Procedural Law

Family Law Ancillary Relief Consent Orders Non Disclosure Misrepresentation Procedural Law

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2

Parties

Mrs C

Petitioner

Mr C

Respondent

Procedural Posture

Ancillary Relief / Family Law / Preliminary Ruling on Application for Leave to Appeal Out of Time

Legal Issues

1 Whether leave to appeal out of time should be granted in relation to an ancillary relief consent order allegedly affected by non-disclosure or misrepresentation
2 What is the correct procedural route for challenging such an order in Northern Ireland

Ratio Decidendi

Court Disposition

Application adjourned to allow parties to consider and correct procedural course.

Orders

Matter adjourned generally to allow parties to consider correct procedural route and whether to issue a proper summons to set aside the order.