Iqbal v Iqbal provides a salutary example of the consequences that can occur in the absence of legal representation, as Shlomit Glaser & Tim Jones report
- Condemning a divorce settlement for lack of process.
- The Family Procedure Rules and well-known basic legal principles of evidence and natural justice had not been followed.
The decision of the Court of Appeal in Iqbal v Iqbal [2017] EWCA Civ 19 has attracted some media attention for its setting aside of a substantial divorce settlement, valued in the region of £3.5m. The Court of Appeal’s excoriating criticism of the way the case had been dealt with in the lower courts has invited colourful accounts. It is self-evident something has gone wrong when financial remedy proceedings initiated in July 2010 are reset to that starting position in January 2017. It almost invites the conclusion that the lower courts are responsible for the settlement being “thrown out” and that “improvements” need to be put in place.
There are two strands to the case. One relates to the outcome of the final hearing. In parallel, however,
