||All England Reporter
|| All ER (D) 70 (Aug)
|| EWCA Civ 1293
||Court of Appeal, Civil Division
Thorpe, Laws LJJ and Sir Stephen Sedley (Judgment delivered extempore)
||James Turner QC (instructed Hughes Fowler Carruthers Ltd) for the wife.
||Martin Pointer QC (instructed by Alexiou Fisher Philipps) for the husband.
||8 August 2012
Divorce - Appeal - Decree absolute - President of Family Division making order for decree to be made absolute - Order being stayed pending wife's opinion - Wife subsequently obtaining advice that position would be prejudiced if decree made absolute prior to resolution of ancillary relief proceedings - Whether order should be set aside on basis of fresh evidence.
Divorce Appeal. The Court of Appeal, Civil Division, allowed the applicant wife's appeal against an order making a decree absolute but exercised its discretion to allow the husband's application for decree absolute subject to conditions.
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