Briggs v Briggs [2001] EWCA Civ 1998 (14 December 2001)

Briggs v Briggs [2001] EWCA Civ 1998 (14 December 2001)

The circuit judge's refusal to extend time for payment of the lump sum was a proper exercise of discretion, given the history of the case, the evidence available, and the absence of any new material facts justifying a different outcome. The possession order was a direct consequence of the ancillary relief order and stood for the same reasons. No basis existed for appellate intervention.

Citation
[2001] EWCA Civ 1998
Parties
Petitioner/respondent: Julie Ann Briggs; Respondent/applicant: Alan Briggs
Jurisdiction
England and Wales
Judgment Date
14 December 2001
Procedural Posture
Civil Appeal (family Law, Ancillary Relief) / Application for Permission to Appeal
Outcome
applications for permission to appeal dismissed
Legal Topics
Ancillary Relief, Extension of Time, Possession Order, Discretionary Powers, Appeal Procedure
Family Law Ancillary Relief Extension of Time Possession Order Discretionary Powers Appeal Procedure

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Parties

Julie Ann Briggs

Petitioner/respondent

Alan Briggs

Respondent/applicant

Procedural Posture

Civil Appeal (family Law, Ancillary Relief) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the circuit judge erred in refusing to extend time for payment of a lump sum under an ancillary relief order
  2. 2 Whether the possession order for the former matrimonial home should be set aside
  3. 3 Whether new evidence of alleged financial misconduct by the wife justified setting aside or varying the original order

Ratio Decidendi

The circuit judge's refusal to extend time for payment of the lump sum was a proper exercise of discretion, given the history of the case, the evidence available, and the absence of any new material facts justifying a different outcome. The possession order was a direct consequence of the ancillary relief order and stood for the same reasons. No basis existed for appellate intervention.

Court Disposition

applications for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Transcript of judgment to be supplied to the applicant at public expense