(Court of Appeal, Thorpe, Laws LJJ, Sir Stephen Sedley, 8 August 2012)
The wife applied to set aside the decree absolute. The judge had ordered decree nisi to be made absolute once the husband had transferred a number of shares to the wife following financial proceedings.
The wife's legal team in America sent a letter advising her that if the decree was made absolute before the financial appeal she would be severely prejudiced. The wife appealed against the financial order and obtained a stay on the decree absolute.
If the letter had been available to the judge he may well have made a different order. As a matter of principle the appeal should be allowed.