S v S: 2002

Bracewell J considered the first of the conditions suggested by Lord Brandon in Barder for allowing an appeal against an order made by consent – that the circumstances giving rise to the appeal should be such as to undermine the order. He said that the first condition imports the requirement that the new event be not only unforeseen but unforeseeable, since if it was foreseeable at the time, it cannot be the kind of extraneous supervening event which can be said to destroy the basis of the original order.

Bracewell J
[2002] 3 WLR 1372
England and Wales
Cited by:
CitedCS v ACS and Another FD 16-Apr-2015
Rule Against Appeal was Ultra Vires
W had applied to have set aside the consent order made on her ancillary relief application accusing the husband of material non-disclosure. She complained that her application to have the order varied had been refused on the ground that her only . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 02 January 2022; Ref: scu.545940