Stanton v Stanton & Ors [2002] EWCA Civ 343 (25 February 2002)

Stanton v Stanton & Ors [2002] EWCA Civ 343 (25 February 2002)

Permission to appeal is granted to consider whether the county court judge erred in treating the matter as an application for permission to appeal rather than a full appeal, and whether the district judge's order can be challenged on the basis of Reginald Stanton's occupation status.

Citation
[2002] EWCA Civ 343
Parties
Claimant (respondent): Carol Joan Stanton; Defendant (applicant): Philip George Stanton; First Intervenor: Reginald George Stanton; Second Intervenor: Vivianka Margareta Todd
Jurisdiction
England and Wales
Judgment Date
25 February 2002
Procedural Posture
Family Law Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Ancillary Relief, Enforcement of Consent Orders, Appeals Procedure, Occupation of Matrimonial Home
Family Law Civil Procedure Ancillary Relief Enforcement of Consent Orders Appeals Procedure Occupation of Matrimonial Home

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Parties

Carol Joan Stanton

Claimant (respondent)

Philip George Stanton

Defendant (applicant)

Reginald George Stanton

First Intervenor

Vivianka Margareta Todd

Second Intervenor

Procedural Posture

Family Law Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in treating the application as one for permission to appeal rather than a full appeal
  2. 2 Whether the district judge's order can be upset on the basis that Reginald Stanton remained in occupation within the meaning of the consent order

Ratio Decidendi

Permission to appeal is granted to consider whether the county court judge erred in treating the matter as an application for permission to appeal rather than a full appeal, and whether the district judge's order can be challenged on the basis of Reginald Stanton's occupation status.

Court Disposition

Permission to appeal granted

Orders

  • Matter to be listed before a two-judge constitution including at least one Lord Justice familiar with family work