Divorce lawyer, Shamin Ali comments;
“This is a case where the procedural protection that is afforded to a party in proceedings was not provided and due to these failings the appeal was inevitable.
This case emphasises the importance of case management by reference of the Family Procedure Rules 2010 and to follow the Practice Direction to ensure good practice .
Parties must ensure that the Court has the benefit of all the evidence nor that which should be filed before any final determination which would avoid final orders being set aside."
Shamin is available for all aspects of advice to do with Divorce & Separation law.
Sir Ernest Ryder, senior president of tribunals, said the husband in the case missed out on ‘elementary procedural protections’ which he had a right to expect, as financial orders were made against him without a chance to respond. After a final hearing in March 2015, His Honour Judge Brasse had ordered the husband in Iqbal v Iqbal to pay his ex-wife a lump sum of £3.22m within five weeks, arrears of periodical payments of £530,000 and future periodical payments of £10,000 per month in advance by standing order.