Sherif v Sherif [2002] EWCA Civ 748 (17 May 2002)

Sherif v Sherif [2002] EWCA Civ 748 (17 May 2002)

The order as drawn is a lump sum order justified as a proportion of 40% of joint assets, not a floating percentage to be recalculated at the date of division. Correction of the order was properly a matter for the slip rule, not a further appeal.

Citation
[2002] EWCA Civ 748
Parties
Petitioner/respondent: Ajmal Sherif; Respondent/applicant: Jasmina Sherif
Jurisdiction
England and Wales
Judgment Date
17 May 2002
Procedural Posture
Appeal (ancillary Relief Proceedings) / Application for Permission to Appeal; Adjournment and Stay of Execution
Outcome
Application adjourned; stay of execution of 6th February order granted; liberty to respondent to apply to vary or discharge stay; transcript to be provided to respondent at public expense.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Slip Rule, Appeal Procedure
Family Law Ancillary Relief Division of Matrimonial Assets Slip Rule Appeal Procedure

Case Brief

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Parties

Ajmal Sherif

Petitioner/respondent

Jasmina Sherif

Respondent/applicant

Procedural Posture

Appeal (ancillary Relief Proceedings) / Application for Permission to Appeal; Adjournment and Stay of Execution

Legal Issues

  1. 1 Whether the order of 6th February correctly reflects the judgment and intended division of assets
  2. 2 Whether Mrs Sherif is entitled to 40% of joint assets as of the date of division or a fixed lump sum
  3. 3 Whether the slip rule was properly applied to correct the order

Ratio Decidendi

The order as drawn is a lump sum order justified as a proportion of 40% of joint assets, not a floating percentage to be recalculated at the date of division. Correction of the order was properly a matter for the slip rule, not a further appeal.

Court Disposition

Application adjourned; stay of execution of 6th February order granted; liberty to respondent to apply to vary or discharge stay; transcript to be provided to respondent at public expense.

Orders

  • Application adjourned to be heard on notice to respondent as soon as possible, with appeal to follow if permission granted (before Thorpe LJ, if possible, and one other judge, time estimate 1.5 hours)
  • Stay of execution of order of 6th February, with liberty to respondent to apply to vary or discharge that part of order, at his own risk as to costs