IC v RC: No slip up on the slip rule
|Photo by Louis Hansel on Unsplash|
A very short post to deal with a very short point, decided today by Mrs Justice Knowles in the High Court case IC v RC.
The point relates to the use of the slip rule to amend errors in orders.
The error here was that a spousal maintenance order was originally expressed to last until the applicant wife remarried, but when the order was subsequently varied the variation order stated that the payments should end on the applicant's remarriage.
What? I hear you say? Where is the problem with that?
The problem was that the applicant on the variation application was the husband. And he did remarry.
Realising the error, the wife applied for the variation order to be amended under the slip rule, to state that the payments should cease upon the respondent's remarriage.
The court duly amended the order, and the husband sought to appeal.
However, Mrs Justice Knowles, whilst acknowledging that both parties had been affected by the error in the order, found that the slip rule amendment had been correctly made - there was no good reason in this case not to correct the erroneous order. Accordingly, the husband's appeal was dismissed.
The full judgment may be read here.