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30/01/17
The Court of Appeal has overturned a financial order after finding "procedural errors". The husband has been excused attendance at an interim hearing but the wife made submissions based on a letter that contained no statement of truth nor was she sworn to give evidence. Sir Ernest Ryder said "had the Court made directions to abide the event of the husband's continuing absence, they could and should have included a warning that inferences of fact might be drawn from his absence". The judge made no reference to the husband's documents and made no analysis of them. He failed to give a formal judgment . The consequence was that the final hearing was "procedurally unfair" and the order was set aside.