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08 March 2013 / Margaret Hatwood
Issue: 7551 / Categories: Features , Divorce , Family , Ancillary relief
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Setting aside (Pt II)

Margaret Hatwood continues her examination of the increasing trend of parties asking for consent orders to be set aside

In Pt I of this two-part series, I looked at recent developments in the area of setting aside financial consent orders dealing with non-disclosure and fraud (see “Setting aside”, NLJ, 1 March 2013, p 229).

Part II covers situations involving new or supervening circumstances dealing with changes in asset values, death and remarriage.

Back to basics

Orders can, of course, be set aside where the whole factual basis on which the order was made has disappeared. In Barder v Caluori [1988] AC 20, [1987] 2 All ER 440 a consent order was made under which H was ordered to transfer his interest in the family matrimonial home to the wife. One of the primary reasons for this order was the wife had care of the children. Tragically, the wife killed the children and herself. On appeal to the House of Lords, the issue was whether leave to appeal

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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