Family Law Hub

Roocroft v Ball [2016] EWCA Civ 1009

In a tweet: Use case management powers to direct abbreviated hearing and consider applications without merit

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Case note, published: 07/11/2016

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See also

  • Appeal against a decision refusing to set aside a Consent Order made in financial remedy proceedings following the dissolution of the appellant's civil partnership with her partner who has since died. The basis of the application to set aside the consent order (which was made after the death of the respondent) was that the deceased had been guilty of material non-disclosure in the financial remedy proceedings. The judge dismissed the appellant's application, which he regarded as being "without merit", and "doomed to failure", saying that allowing the case to proceed would be contrary to the court's overriding objective and his (the judge's) duty actively to case manage an application. The appeal was allowed and the case was remitted for directions before a High Court judge. Judgment, 17/10/2016, free

Published: 07/11/2016

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