Sealy v Sealy

Sealy v Sealy

The proper course for challenging orders allegedly obtained by material non-disclosure is to apply to set aside those orders before the original court, not by way of appeal. The appellate route is inappropriate for determining factual disputes of this nature.

Parties
Claimant/respondent: Joanna Elizabeth Sealy; Defendant/appellant: Richard Sealy
Jurisdiction
England and Wales
Judgment Date
14 October 2005
Procedural Posture
Civil Appeal (ancillary Relief) / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal withdrawn with permission of the court.
Legal Topics
Ancillary Relief, Non Disclosure, Setting Aside Orders, Appeal Procedure
Family Law Ancillary Relief Non Disclosure Setting Aside Orders Appeal Procedure

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Parties

Joanna Elizabeth Sealy

Claimant/respondent

Richard Sealy

Defendant/appellant

Procedural Posture

Civil Appeal (ancillary Relief) / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellate route is appropriate for challenging orders allegedly obtained by material non-disclosure
  2. 2 Whether the orders should be set aside due to alleged non-disclosure by the respondent

Ratio Decidendi

The proper course for challenging orders allegedly obtained by material non-disclosure is to apply to set aside those orders before the original court, not by way of appeal. The appellate route is inappropriate for determining factual disputes of this nature.

Court Disposition

Application for permission to appeal withdrawn with permission of the court.

Orders

  • Permission granted to withdraw the application for permission to appeal.
  • Assessment of publicly-funded costs ordered.