Albou v Albou [2001] EWCA Civ 750 (14 May 2001)

Albou v Albou [2001] EWCA Civ 750 (14 May 2001)

The trial judge was entitled to find, on the evidence and his assessment of credibility, that the husband had made the profit alleged by the wife, notwithstanding the absence of direct documentary evidence. The judge's approach and findings were not open to challenge on appeal.

Citation
[2001] EWCA Civ 750
Parties
Petitioner/respondent: Sally Anne Susan Albou; Respondent/applicant: Giles Claude Albou
Jurisdiction
England and Wales
Judgment Date
14 May 2001
Procedural Posture
Appeal From Ancillary Relief Judgment (family Division) / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Ancillary Relief, Financial Provision on Divorce, Evidentiary Standards, Discretion of Trial Judge
Family Law Ancillary Relief Financial Provision on Divorce Evidentiary Standards Discretion of Trial Judge

Case Brief

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Parties

Sally Anne Susan Albou

Petitioner/respondent

Giles Claude Albou

Respondent/applicant

Procedural Posture

Appeal From Ancillary Relief Judgment (family Division) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding that the husband made a substantial profit from speculative share dealings in the absence of direct documentary evidence
  2. 2 Whether the judge's assessment of witness credibility and reliance on circumstantial and corroborative evidence was permissible
  3. 3 Whether the quantification of the wife's income dependency was a proper exercise of judicial discretion

Ratio Decidendi

The trial judge was entitled to find, on the evidence and his assessment of credibility, that the husband had made the profit alleged by the wife, notwithstanding the absence of direct documentary evidence. The judge's approach and findings were not open to challenge on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal dismissed