Shuttleworth v Shuttleworth

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

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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)

  1. 1 Whether inherited assets should affect the division of matrimonial property in ancillary relief claims
  2. 2 Whether the High Court judge erred in interfering with the district judge's discretionary decision
  3. 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