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20 January 2012 / David Burrows
Issue: 7497 / Categories: Features , Divorce , Family
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Another roll of the dice?

To set aside or not to set aside? David Burrows reviews Livock

 

The cris de coeur of Coleridge J in Livock v Livock [2011] EWHC (Fam) 3040 reminds us all of the need to distinguish clearly between the different forms of court application where fresh evidence is thought to have emerged or to have been overlooked by the first instance court. Such applications may take one or more of the following forms:
 
(i) for permission to appeal out of time in matrimonial financial order proceedings (per Barder v Barder (Caluori intervening) [1988] AC 20, [1987] 2 All ER 440);
(ii) to set aside an order where it is vitiated by subsequent events;
(iii) to vary a financial order (Matrimonial Causes Act 1973, s 31); or
(iv) an appeal with application to the appeal court to admit fresh evidence.
 
In Livock Coleridge J had made an order on 21 December 2009, intended mostly to provide the wife with £600,000 for her re-housing. He was aware that the husband was involved in a “long running dispute…with the Inland Revenue over
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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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