X v Y

Gina Allwood (instructed by Direct Professional Access) for the Appellant Katharine Bundell (instructed by Buckles Solicitors LLP) for the Respondent Hearing dates: 7 March 2025 ____________________

An appeal against an exercise of discretion will succeed if the decision-maker has failed to take into account relevant matters, or has regard to irrelevant factors; or reached a decision that is plainly irrational. Otherwise, the review by an appellate court is 'at its most benign'. Even if the appeal court disagrees with the discretionary decision it cannot interfere.

The judge then turns to consider the change to the financial circumstance of the husband flowing from his inheritance at paragraph 41. The judge reasons as follows, and I comment in italics:

The only additional point to deal with here is the argument that the judge placed great weight on the belief probate would take a significant period of time to be granted. He did, think it would take longer than it did, but that was not a point on which great weight was placed. It was a factor which he considered would slow down the first payment.

The judge did not name interim trust payments as a way the husband might have received money, but that was one of the points that would have been considered on the re-opening which he considered and rejected.