There has recently been a series of Barder appeals, all based upon a significant change in the value of an asset soon after the final order was made. None of them have succeeded. As Thorpe LJ stated in Myerson v Myerson [2009] EWCA Civ 282, ‘very few successful applications have been reported’.
The test was established in Barder v Calouri [1988] AC20, in which Lord Brandon stated that the court may exercise its discretion to grant leave to appeal out of time if the following conditions were satisfied:
