Application for rehearing

Williams v Lindley (formerly Williams) [2005] EWCA Civ 103; Lawtel 10 February

After the parties separated, the husband remained in the former matrimonial home and the wife moved into the house of her employer. She denied that the relationship between her and her employer was more than merely of employment. The central issue in the ancillary relief proceedings was what lump sum the husband should pay to the wife to enable her to re-house herself to enable him to retain the former matrimonial home. They agreed a 70:30 split on the equity in the house and the district judge made a consent order. Shortly thereafter, the wife became engaged to and then married her employer, but the judge refused the husband’s application to set aside the order and to order a rehearing under the County Court Rules 1981 Ord 37 rule 1(5) with the necessary extension of time on the bases that either the wife had misrepresented the true nature of her relationship with her employer or, in the alternative, that the consent order had been invalidated by subsequent events.