W had petitioned for divorce. Eventually H applied for the decree nisi during protracted ancillary relief proceedings. W no applied to have the decree set aside on the basis that new evidence, had it then been available would have caused the judge to decline to make the order.
Held: It could not be safely said that the judge would have made the same order if the facts had been known.
Judges:
Thorpe, Laws LJJ, Sir Stephen Sedley
Citations:
[2012] EWCA Civ 1293
Links:
Jurisdiction:
England and Wales
Family
Updated: 05 November 2022; Ref: scu.465106