Forder v Forder & Anor [2002] EWCA Civ 1527 (16 October 2002)

Forder v Forder & Anor [2002] EWCA Civ 1527 (16 October 2002)

The judge's decision to defer the annulment application until after determination of ancillary relief issues was a proper exercise of case management discretion, and the wife had standing to seek annulment as a person affected by the bankruptcy order.

Citation
[2002] EWCA Civ 1527
Parties
Applicant (respondent): Michelle Celia Culver Forder; 1st Respondent (applicant): Timothy Edward Forder; 2nd Respondent: The Official Receiver; Intervener: Mary Swindale
Jurisdiction
England and Wales
Judgment Date
16 October 2002
Procedural Posture
Appeal (application for Permission to Appeal) / Application for Permission to Appeal From a Case Management Order in Ancillary Relief and Bankruptcy Proceedings
Outcome
Application for permission to appeal dismissed
Legal Topics
Ancillary Relief, Bankruptcy Annulment, Case Management, Standing to Apply for Annulment
Family Law Insolvency Law Civil Procedure Ancillary Relief Bankruptcy Annulment Case Management Standing to Apply for Annulment

Case Brief

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Parties

Michelle Celia Culver Forder

Applicant (respondent)

Timothy Edward Forder

1st Respondent (applicant)

The Official Receiver

2nd Respondent

Mary Swindale

Intervener

Procedural Posture

Appeal (application for Permission to Appeal) / Application for Permission to Appeal From a Case Management Order in Ancillary Relief and Bankruptcy Proceedings

Legal Issues

  1. 1 Whether the judge was entitled to defer the annulment application until after determination of ancillary relief issues
  2. 2 Whether the applicant (wife) had standing to seek annulment of the bankruptcy order
  3. 3 Whether the court should interfere with the case management decision of the first instance judge

Ratio Decidendi

The judge's decision to defer the annulment application until after determination of ancillary relief issues was a proper exercise of case management discretion, and the wife had standing to seek annulment as a person affected by the bankruptcy order.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Public funding costs assessments ordered