LIN v PAR [2025] EWFC 401

DJ Parker’s decision emphasises the importance of the court transcript where there is a dispute as to what was said by the judge. Ultimately H’s application to set aside a final order by consent failed because H was wrong; the FDR judge had not given him a 28-day cooling off period.

Peel J. Final hearing in financial remedy proceedings. The couple's 2002 draft consent order had not been sealed by the court, but the parties had acted upon it with the belief that it had been formalised. Peel J determined that it constituted a Xydhias agreement.

Poole J. Husband’s appeal against setting aside of final consent order for fraudulent non-disclosure dismissed; wife’s delay not determinative.