George v George

The appeal was allowed because the subsequent finding in the Queen's Bench proceedings that the husband owed a substantial debt invalidated a key factual assumption underlying the original ancillary relief order, necessitating a fresh review by the Family Division (Black J).

Parties: Petitioner/respondent: Jean Andrea George; Respondent/applicant: Anthony Samuel George
Jurisdiction: England and Wales
Judgment Date: 04 February 2003
Procedural Posture: Appeal (ancillary Relief/family) / Appeal From County Court to Court of Appeal
Outcome: Appeal allowed; permission to appeal granted
Legal Topics: Ancillary Relief, Division of Matrimonial Assets, Disclosure of Assets, Effect of Third Party Debt on Asset Division

Family Law Ancillary Relief Division of Matrimonial Assets Disclosure of Assets Effect of Third Party Debt on Asset Division

Case Brief

Summary, issues, holding and outcome

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Parties

Jean Andrea George

Petitioner/respondent

Anthony Samuel George

Respondent/applicant

Procedural Posture

Appeal (ancillary Relief/family) / Appeal From County Court to Court of Appeal

Legal Issues

1 Whether the outcome of the Queen's Bench proceedings (finding a real debt owed by the husband) requires a review of the ancillary relief order
2 Whether the district judge's findings on undisclosed assets and the husband's liability were correct in light of subsequent events
3 Who should conduct the review of the ancillary relief order

Ratio Decidendi

Court Disposition

Appeal allowed; permission to appeal granted

Orders

Order of 25 October 2002 set aside
Ancillary relief proceedings remitted to the Family Division, reserved to Black J, for fresh consideration in light of the Queen's Bench findings