Powell v Powell

An order made by consent cannot be overturned on appeal merely because a party was not personally given an opportunity to address the judge, or was not fully informed about the negotiations and order, where solicitors and counsel represented that party. Such matters may support a complaint about the conduct of legal advisers, but the remedy lies elsewhere. Permission to appeal should be refused where the proposed appeal has no reasonable prospect of success.

The parties had lived together and held a property as tenants in common. The Gloucester County Court made a consent order directing its sale, the equal division of the proceeds subject to specified payments, and liberty to apply. Mrs Powell sought permission to appeal, complaining that she had not been allowed to speak to the Recorder and had not been fully informed about the negotiations or the order. The central issue was whether those complaints entitled the Court of Appeal to interfere with the consent order.

Application dismissed. Ward LJ held that the consent nature of the County Court order created formidable difficulties for the proposed appeal.

1. Mrs Powell was not given a personal opportunity to address the Recorder because the order was made by consent. Her solicitors and counsel were present to speak on her behalf.
2. Her complaints that she had not been fully informed about the negotiations or the detail of the order, and that she lacked the money required by one of its conditions, might support a complaint about the way her advisers had acted. They did not entitle the Court of Appeal to overturn the consent order. Any remedy lay elsewhere.
3. The difficult practical circumstances concerning the property's disrepair, possible development, insurance and the parties' co-operation were matters for the family, not grounds for appellate intervention.
4. There was no reasonable prospect whatsoever of the proposed appeal succeeding. The application for permission to appeal was therefore dismissed.

• Court of Appeal (Civil Division): On 3 October 2001 Ward LJ dismissed Mrs Powell’s application for permission to appeal.
• Gloucester County Court: On 7 February 2001 Mr Recorder Greenwood made a consent order providing for the sale of the property and division of the proceeds, subject to specified payments and liberty to apply.