Pasha v Pasha [2001] EWCA Civ 466 (5 March 2001)

Pasha v Pasha [2001] EWCA Civ 466 (5 March 2001)

The circuit judge erred by disregarding the District Judge's findings on the husband's credibility and asset concealment, and by re-evaluating the evidence without hearing it. The original order, based on findings of concealment and adverse inferences, should be restored except as to minor adjustments specified in the judgment.

Citation
[2001] EWCA Civ 466
Parties
Appellant/respondent: Sarita Joan Pasha; Respondent/petitioner: Mohammad Tariq Pasha
Jurisdiction
England and Wales
Judgment Date
05 March 2001
Procedural Posture
Ancillary Relief (financial Remedy) Appeal in Divorce Proceedings / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; order of District Judge restored with minor amendments; costs awarded to appellant.
Legal Topics
Ancillary Relief, Financial Remedies, Asset Concealment, Appellate Review, Credibility Assessment
Family Law Ancillary Relief Financial Remedies Asset Concealment Appellate Review Credibility Assessment

Case Brief

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Parties

Sarita Joan Pasha

Appellant/respondent

Mohammad Tariq Pasha

Respondent/petitioner

Procedural Posture

Ancillary Relief (financial Remedy) Appeal in Divorce Proceedings / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the circuit judge erred in re-evaluating findings of fact and credibility made by the District Judge regarding asset concealment and financial disclosure.
  2. 2 Whether the lump sum and periodical payments awarded to the wife were appropriate given the husband's assets and needs.

Ratio Decidendi

The circuit judge erred by disregarding the District Judge's findings on the husband's credibility and asset concealment, and by re-evaluating the evidence without hearing it. The original order, based on findings of concealment and adverse inferences, should be restored except as to minor adjustments specified in the judgment.

Court Disposition

Appeal allowed; order of District Judge restored with minor amendments; costs awarded to appellant.

Orders

  • Restore lump sum award of £185,000 to wife, with specified adjustment regarding arrears of periodical payments.
  • Release to the wife a further sum of £1,500 as specified in the judgment.