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Family Law

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Court of Protection Practice and Procedure Conference 2016

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10 FEB 2012


(Family Division; Mostyn J; 13 January 2012)

The wife sought permission to appeal a consent order in financial proceedings on the grounds of non-disclosure and undue influence. The husband was advised not to attend the hearing. The judge considered new procedure under FPR 2010. Part 30 intended to align appeal processes of district judge and the Court of Appeal, apart from two distinctions: application will not be considered by a High Court judge on paper first, by contrast appeals to the Court of Appeal considered on paper by a single LJ. The Court of Appeal may dismiss an application on paper as totally without merit. Permission to appeal to be granted where there is real prospect of success or there is some other compelling reason why the appeal should be heard.

Real prospect of success in this case, permission granted.

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