Fitzsimons v Fitzsimons [2001] EWCA Civ 1443 (12 September 2001)

Fitzsimons v Fitzsimons [2001] EWCA Civ 1443 (12 September 2001)

The application for permission to appeal was dismissed because the applicant was out of time without good reason, and the lower court's exercise of discretion and findings of fact were unimpeachable.

Citation
[2001] EWCA Civ 1443
Parties
Petitioner/respondent: Christine Dorothy Fitzsimons; Respondent/applicant: Kevin Vincent Fitzsimons
Jurisdiction
England and Wales
Judgment Date
12 September 2001
Procedural Posture
Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Ancillary Relief, Contempt of Court, Appeal Out of Time, Enforcement of Orders
Family Law Civil Procedure Ancillary Relief Contempt of Court Appeal Out of Time Enforcement of Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Christine Dorothy Fitzsimons

Petitioner/respondent

Kevin Vincent Fitzsimons

Respondent/applicant

Procedural Posture

Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the lower court erred in refusing to transfer proceedings
  3. 3 Whether the lower court erred in ordering sale of property and refusing return of title deeds

Ratio Decidendi

The application for permission to appeal was dismissed because the applicant was out of time without good reason, and the lower court's exercise of discretion and findings of fact were unimpeachable.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused