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CS v ACS & Anor [2015] EWHC 1005 (Fam) – a case note

Date:20 APR 2015
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In the case of CS v ACS & Anor [2015] EWHC 1005 (Fam) (16 April 2015), the wife has applied to set aside a final order for financial remedies made by consent, on the basis of alleged material non-disclosure.

Whilst the substantive proceedings involve complex issues of tax planning and the variation of offshore trusts, the main issue in this judgment concerns the procedural route(s) available to an applicant who alleges a consent order is tainted by alleged material non-disclosure.

For a long time the respondent had acted in person and had not taken the point that the applicant was seeking to go behind a consent order by way of an application to set aside in circumstances where Para 14.1 of PD30A of FPR 2010 had inserted a provision into the rules:

'The rules in Part 30 and the provisions of this Practice Direction apply to appeals relating to orders made by consent in addition to orders which are not made by consent. An appeal is the only way in which a consent order can be challenged.' (Emphasis added)

Read the full article here.