“…time-barred as required by s. 35 (3) of the Act and CPR 17.4 (2). The order is therefore void or liable to be set aside for fundamental mistake: Firman v Ellis [1978] 1 QB 886. Alternatively it was to be regarded as a provisional order that could only take effect on the next occasion that the court came to consider the case and vet t…”
“…r was made, it was valid and effective albeit being susceptible to being set aside (see judgment at [116.3]); the majority in Firman v Ellis (Pheasant v Smith) [1978] 1 QB 886 (CA) did not decide that the order in that case was a nullity simply because it had subsequently been set aside (see judgment at [116.4]); the 2007 Order was “…”