Sentences with phrase «practice direction 30a»

On the basis that in this case, the wife was challenging the consent order because there was no true consent, either because that had been withdrawn (by the wife's letter of 13 April 2012) or that she lacked capacity (because she had been mentally ill when agreement was reached), Mostyn J felt that the final sentence of Practice Direction 30A did not apply in this case.

Mostyn J said that his order would state that Practice Direction 30A, para 14.1 did not prevent the wife from applying to revoke the order on the grounds of either (i) withdrawal of consent or (ii) lack of capacity.

Practice Direction 30A would only apply where there was no challenge to the validity of an agreement itself, for example where there was a Barder type challenge.