Heyer v Newby: CA 19 Oct 2005

The parties had settled their ancillary relief case by consent, but shortly afterwards, shares in the husband’s company were sold creating a very substantial windfall in his favour. The former wife sought to vary the order. The husband appealed an order allowing this on the grounds of his having failed to make full and frank disclosure.
Held: the wife’s delay had been substantial to th epoint where it could not be allowed to proceed.


[2005] EWCA Civ 1311




England and Wales


CitedBarder v Barder; Barder v Caluori HL 1988
Later Event no ground to appeal from consent order
The matrimonial home had been owned jointly by the husband and wife. In divorce proceedings, an order was made by consent that the husband should transfer his interest in the home to the wife within 28 days. Before the order had been executed, the . .
MentionedBurns v Burns CA 30-Jul-2004
Application for leave to appeal against ancillary relief order. . .
CitedHarris v Manahan CA 1997
Application to vary ancillary relief order made by consent. Promptitude is required. Ward LJ considered substantial restraint on a judge hearing appeals against his own decisions. . .
Lists of cited by and citing cases may be incomplete.


Updated: 27 June 2022; Ref: scu.235237