Fresh evidence
69.I have mentioned above how the husband has sought to tell the court about the illness of his daughter from his marriage and his dispute with his university. In his order of 30 January 2020 HHJ Everall QC provided: “1. Permission to rely on the fresh evidence identified in paragraphs 10 and 51 to 55 of the Appellant’s Skeleton Argument in relation to Grounds 1 and 3 is refused. … 5. If the Appellant wishes to rely on the fresh evidence identified in paragraphs 10 and 51 to 55 of his Skeleton Argument in relation to Ground 2, he must make a formal application to do so supported by a witness statement setting out the fresh evidence and he must by 4:00pm on 24 February 2020 file the application with the Family Division Appeals office at the Royal Courts of Justice and serve the application on the Wife.” 70.That order was confirmed by Williams J on 26 February 2020. 71.As explained above, at that time the husband was represented by extremely experienced solicitors. Yet no application to adduce fresh evidence was made. 72.In such circumstances it is unprincipled and unreasonable for the husband to seek a stay pending a further variation application based on informal indications of changes of circumstances where he has chosen not to comply with this very clear order about adducing fresh evidence. I therefore disregard those informal indications and conclude that there is no principled basis to award a stay.
