set aside

Could anyone direct me please or give me any informatiin regading a set aside. Thanks

A Consent Order can only be set aside in limited circumstances. These are: non-disclosure; fraud or misrepresentation; supervening events which invalidate the whole basis of the order; and undue influence.

There are two ways of contesting a consent order: (i) an application for leave to appeal out of time; or (ii) an application to set aside the order. The latter course of action is more appropriate in cases of non-disclosure or fraud. However, in Robinson v Robinson (Disclosure) (1983) 4 FLR 102, CA Ormrod LJ said that while applications to set aside could be made by either a new action or an appeal to a higher court, there was much convenience in an application to the judge who made the original order who could determine the application and then make a new order if appropriate.

I attended a final hearing in which the Judge would not approve the consent order and a Directions hearing was ordered. I attended the directions hearing and 5k costs were awarded against me as I had signed the original consent order under undue influence so I was blamed for wasting time by returning to court, but I was abiding by the court order!
I have sought advice at CAB who in fact the person I saw was a Judge himself and he said the consent order was unlawful as it included a third party transfer without the third party being present and I should not have had to pay costs for abiding to a Court Order and told me I must ask for it to be set aside. I am extremely worried about doing this and need much more information on the matter than I can find on the internet at present. So any guidance as to where I can find more information would be appreciated.

Have you sought proper legal advice from an experienced family law solicitor yet? That is what I would advise you to do - not a free 30 mins, or a visit to the CAB, but a proper consultation with a solicitor who has sight of all the paperwork and is in possession of the facts.

No I haven''t as not sure who to trust. I am scared they will say yes go for it, when there is not a hope of getting a set aside, so would rather make a decision on facts and the law myself before spending and wasting money as I did with my barrister.
The gentleman at the CAB does specialise in family law and as I said is a retired Judge himself.

He may well be a judge but did you provide all the evidence or just your take on the situation.

Have to agree with ruby. You need specialist legal advice.

Just to clarify things I do not wish to set aside the decision at the final hearing that I signed under duress and the judge would not approve, although this is unlawful on a few aspects and grossly unfair. I wish to set aside the "show cause" hearing so that I don''t have to pay 5k costs.
Prior to the "show cause" hearing I did seek paid legal advice from three different solicitors and they all advised I must not resign the consent order as it was unlawful and no amendments had been made which the Judge ordered, so that didn''t do me any good and lost 5k listening to their advice!
So the evidence I showed was the consent order from final hearing, the court order resulting from the final hearing, and then the amended consent order showing the 5k costs.
Is it possible anyone can direct me to information regarding a set aside so that I can see how to apply for one, the costs, and if a hearing would be required etc taking into account I do not want to amend the unlawful decision of the consent order.