#UKFamilyLaw: Set aside and appeals: a ‘procedural quagmire’

| truthaholics

Set aside and appeals: a ‘procedural quagmire’ ~ David BurrowsJORDANS FAMILY LAW, 06 MAY 2015.

Family proceedings: material changes of circumstances.

Procedural law in the family courts is in a mess where family circumstances change within a short time (say up to a year) after an order, or there are circumstances which come to light which make an order appear wrong (non-disclosure, fraud, mistake) – collectively known by lawyers as ‘supervening events’. The procedural consequences of such material changes of circumstances has been described by Sir James Munby P as a ‘quagmire’ – repeating his words from L v L [2006] EWHC 956 (Fam), [2008] 1 FLR 26 (at para [39]) – in CS v ACS (below). Can the court which made the order be asked to put things right? If not, can application be made to an appeal court? If so, how is this to be…

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