Law digests: 1 September 2023

Appeal

BF v LE [2023] EWHC 2009 (Fam), [2023] All ER (D) 78 (Aug)

The High Court, Family Division, dismissed the appellant’s (B) claim to have a consent order set aside. Financial remedy proceedings commenced in 2018 where B made a witness statement alleging domestic abuse by the defendant husband. The consent order was signed by both parties and their legal representatives. It fell to be decided whether (i) B had lacked capacity at the material time of the final hearing and the signing of the order and; (ii) there should have been participatory directions/special measures in force pursuant to CPR PD 3AA and FPR, Part 3A. The court held that both grounds should have been raised on appeal. The Mental Capacity Act 2005 created a presumption in favour of capacity: therefore, there was no error in the previous decisions of district courts. Further, the fact that B had raised the allegations of domestic abuse before the final hearing, and that she might have benefited from special measures, did not lead