LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
'An appeal is the only way in which a consent order can be challenged'This statement conflicted with long-standing common law practice in the courts and with the specific statutory powers of the Family Court conferred by s 31F(6) of the Matrimonial and Family Proceedings Act 1984. The President ruled that the procedural rules could not fetter the long-standing right of a party to proceedings to seek a set-aside of that order where that right was enshrined in statute. The words set out above were struck down as being a nullity.
The Red Book is the acknowledged authority on practice and procedure