Date of Case: 24 May 2018
Case Reference: [2018] EWHC 3962 (Fam)

The husband appealed against the capital order made on the wife’s application for financial remedies. MacDonald J. initially circulated a draft judgment, allowing the appeal. The wife’s counsel, Amy Kisser of QEB, invited MacDonald J. to reconsider his judgment due to significant material omissions in his figures/calculations. MacDonald J. considered the applicable law concerning a judicial change of mind prior to the formal handing down of judgment, including the Supreme Court decision in L and B (Children) [2013] UKSC 8, in which the Supreme Court expressly rejected the “exceptional circumstances” test. MacDonald J. did reconsider his judgment and dismissed the appeal.

Bailii report: https://www.bailii.org/ew/cases/EWHC/Fam/2018/3692.html

Judgment in Family Law Week: https://www.familylawweek.co.uk/site.aspx?i=ed200308#:~:text=Judgments%20>%202018%20archive-,H%20v%20T%20(Judicial%20Change%20of%20Mind)%20%5B2018%5D,EWHC%203962%20(Fam)-1&text=MacDonald%20J%20was%2C%20however%2C%20conscious,correct%20an%20error%20or%20omission’.

Article on Family Law Hub: https://www.familylawhub.co.uk/default.aspx?i=ce7151