Family Law Hub

IC v RC [2020] EWHC 2997 (Fam)

A consent order drafted by the wife's counsel had stated that periodical payments from the husband to the wife would cease upon the husband's remarriage, due to a drafting error. Upon notice of his remarriage and his intention to cease the payments, the wife successfully applied without notice to have the order amended under the slip rule. The husband applied out of time for permission to appeal and to set the previous orders aside. Knowles J found that the court had had jurisdiction to amend the order, despite the husband's assertion that it was no longer extant. The error in the consent order had been wholly accidental and genuine, though it was unfortunate it had not been detected and corrected earlier. The case law was plain that the slip rule could be used to correct an order to give effect to the court's intention, and that was the case here. If not corrected, the error would deprive the wife of her entitlement to ongoing periodical payments and thus fail to give effect to the court's intention. The husband's appeal was dismissed.

Judgment, published: 18/11/2020

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Published: 18/11/2020

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