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Practice – Family proceedings. The husband and wife separated and a consent order was made regarding ancillary relief. Shortly after, the husband's father died and the husband received an inheritance. The wife appealed against the consent order, relying on the principle in Barder v Caluori ([1987] 2 All ER 440), in particular, that the inheritance was a Barder event, which invalidated the basis or fundamental assumption upon which the order had been made. The judge allowed the appeal and varied the order. The Court of Appeal, Civil Division, in dismissing the husband's appeal, held that the judge had not erred in having found that the death of the husband's father and the husband's consequent inheritance had invalidated the basis or fundamental assumption upon which the consent order had been made.
Practice – Family proceedings. The husband and wife separated and a consent order was made regarding ancillary relief. Shortly after, the husband's father died and the husband received an inheritance. The wife appealed against the consent order, relying on the principle in Barder v Caluori ([1987] 2 All ER 440), in particular, that the inheritance was a Barder event, which invalidated the basis or fundamental assumption upon which the order had been made. The judge allowed the appeal and varied the order. The Court of Appeal, Civil Division, in dismissing the husband's appeal, held that the judge had not erred in having found that the death of the husband's father and the husband's consequent inheritance had invalidated the basis or fundamental assumption upon which the consent order had been made.
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