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The court surveyed some key authorities on mistake (  EWCA 79 and formulated the applicable principles as follows:i) The court may set aside an order on the ground that the true facts on which it based its disposition were not known by either the parties or the court at the time the order was made.ii) The claimant must show that the true facts would have led the court to have made a materially different order from the one it in fact made.iii) The absence of the true facts must not have been the fault of the claimant.iv) The claimant must show, on the balance of probabilities, that he could not with due diligence have established the true facts at the time the order was made.v) The application to set aside should be made reasonably promptly in the circumstances of the case.vi) The claimant must show that he cannot obtain alternative mainstream relief which has the effect of broadly remedying the injustice caused by the absence of the true facts.vii) The application if granted should not prejudice third parties who have, in good faith and for valuable consideration, acquired interests in property which is the subject matter of the relevant order.
Please be patient while the chatbox screen loads (up to a minute or two depending on your internet connection).It is described more fully by Sir Peter in "Arbitration in Family Financial Proceedings: the IFLA Scheme" Part 1  Fam Law 1353 and Part 2  Fam Law 1496.A recent article explaining its undoubted merits and advantages written by Duncan Brooks appears in Resolution's "The Review", Issue 180 at 32.4.Please do one of the following: 1) Please install a newer web browser such as Google Chrome and visit our mobile site again at m.A web chat is a special system or service that allows real time communication for users that use easy-to-access web interfaces.
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