Guide to Barder Events

Originating from the case of Barder v Barder in 1987, a Barder event is defined as a new event that occurs, that invalidates the main or fundamental assumption on which a financial remedy order was made and which can ultimately challenge that order. This type of event can be advantageous over the old regime as it allows for decisions to be set aside without having to make a formal application for permission.  

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Grounds and Conditions 

The grounds for a Barder event are mostly based on the decisions of the judge, however in addition there are four conditions which must be satisfied.   

The first is that new events have transpired since the order was made which overturns the main assumptions on which the order was given so that if grant leave to appeal were to be allowed, it would be likely or certain to succeed.  

The second is that new events have transpired in a relatively short period of time after the order was made. This period of time should not exceed a few months.  

The third is that the application to appeal out of time is made promptly in the context of the case.  

Finally, the last condition is that the grant of leave to appeal out of time, would not put third parties at a disadvantage where they have acquired in good faith, interests in property which in themselves are subject to the relevant order.   

Types of Events 

In order to be able to use a Barder event effectively, the new events that occur must be unforeseen and unforeseeable. Barder events are not set in stone and are often decided on specific facts. The courts tend to be restrictive in their approach to them and no one decision in one case is certain to be the same for another.  Barder events are as a result very rare as changes to decisions made in court are not preferred and should be used in exceptional circumstances only. 

Types of Cases 

Barder events are usually considered and examined in cases involving: 

• Change in value of assets 

• Change in employment status 

• Death 

• Remarriage or cohabitation where it was concealed  

• Change in housing needs 

• Inheritance  

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