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Is finding a Barder event like finding a needle in a haystack? The Court of Appeal in Critchell v Critchell [2015] EWCA Civ 436 considers the principle
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When an individual is dissatisfied with an outcome in financial remedy proceedings there a few options which they can consider to alter that outcome.
Broadly speaking it is possible to appeal a decision within 21 days of the decision of the lower court. If the deadline has passed there are two main options: (1) apply out of time if a
Barder event has invalidated the basis of the decision or (2) apply to set it aside on the basis of fraud mistake undue influence non-disclosure or lack of capacity at the time the order was made. For further detail on this last point please see
'Capacity to enter into compromise agreements – MAP v RAP [2013] EWHC 4784 (Fam)'.
This article looks at challenging an order due to the basis of that order being invalidated by a subsequent event and the Court of Appeal’s latest musings on the subject in
Critchell v Critchell [2015] EWCA Civ 436 [2015] 2 FLR (forthcoming).
Brief summary...
Read the full article here.
