Shuttleworth v Shuttleworth
The case does not raise an important point of principle or practice justifying a second appeal; the High Court judge's intervention was legitimate given the joint nature of the parties' contributions and the facts do not warrant further appellate review.
- Parties
- Applicant/respondent: Hugh Ashton John Shuttleworth; Respondent/applicant: Elizabeth Ann Shuttleworth
- Jurisdiction
- England and Wales
- Judgment Date
- 14 December 2005
- Procedural Posture
- Civil Appeal Family Law (ancillary Relief) / Renewed Application for Permission to Appeal (second Appeal)
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Ancillary Relief, Division of Matrimonial Assets, Inheritance in Divorce, Appeals Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Hugh Ashton John Shuttleworth
Applicant/respondent
Elizabeth Ann Shuttleworth
Respondent/applicant
Procedural Posture
Civil Appeal Family Law (ancillary Relief) / Renewed Application for Permission to Appeal (second Appeal)
Legal Issues
- 1 Whether inherited assets should affect the division of matrimonial property in ancillary relief claims
- 2 Whether the High Court judge erred in interfering with the district judge's discretionary decision
- 3 Whether there is an important point of principle or practice justifying a second appeal
Ratio Decidendi
The case does not raise an important point of principle or practice justifying a second appeal; the High Court judge's intervention was legitimate given the joint nature of the parties' contributions and the facts do not warrant further appellate review.
Court Disposition
Application for permission to appeal refused
Orders
- Application refused
Full Case Text
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