Morgan v Morgan [2006] EWCA Civ 1852 (06 December 2006)

Morgan v Morgan [2006] EWCA Civ 1852 (06 December 2006)

The appeal was allowed not because the judge was plainly wrong, but because supervening events (not available to the judge at first instance) rendered his order inappropriate. The wife was entitled to the security and certainty of the third-party offer, given the husband's prior financial misconduct and lack of trustworthiness.

Citation
[2006] EWCA Civ 1852
Parties
Claimant/appellant: Morgan; Defendant/respondent: Morgan
Jurisdiction
England and Wales
Judgment Date
06 December 2006
Procedural Posture
Appeal (ancillary Relief) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Judicial Discretion, Financial Misconduct
Family Law Ancillary Relief Division of Matrimonial Assets Judicial Discretion Financial Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Morgan

Claimant/appellant

Morgan

Defendant/respondent

Procedural Posture

Appeal (ancillary Relief) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge was correct to direct acceptance of a conditional offer for sale of the matrimonial home over the husband's unconditional offer
  2. 2 Whether the wife's concerns regarding security and trust in the husband's offer were reasonable grounds for refusal
  3. 3 Whether supervening events rendered the original order inappropriate

Ratio Decidendi

The appeal was allowed not because the judge was plainly wrong, but because supervening events (not available to the judge at first instance) rendered his order inappropriate. The wife was entitled to the security and certainty of the third-party offer, given the husband's prior financial misconduct and lack of trustworthiness.

Court Disposition

Appeal allowed

Orders

  • Set aside the order of HHJ Horowitz QC
  • Order for sale of the property to proceed on terms sought by the wife (Millgate offer)