Tait v Tait [2001] EWCA Civ 943 (15 June 2001)

Tait v Tait [2001] EWCA Civ 943 (15 June 2001)

The application did not meet the statutory criteria for a second appeal as it involved the application of established legal principles to the facts and no compelling reason or important point of principle was raised. The lower courts' exercise of discretion was not flawed.

Citation
[2001] EWCA Civ 943
Parties
Petitioner/respondent: Susan Ann Tait; Respondent/applicant: Reginald Burns Tait
Jurisdiction
England and Wales
Judgment Date
15 June 2001
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Application for Permission to Make a Second Appeal to the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Ancillary Relief, Division of Matrimonial Property, Appeals Process, Exercise of Judicial Discretion
Family Law Civil Procedure Ancillary Relief Division of Matrimonial Property Appeals Process Exercise of Judicial Discretion

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Parties

Susan Ann Tait

Petitioner/respondent

Reginald Burns Tait

Respondent/applicant

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Application for Permission to Make a Second Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether permission should be granted for a second appeal in an ancillary relief case under section 55(1) of the Access to Justice Act 1999
  2. 2 Whether the lower courts erred in the exercise of discretion regarding the division of matrimonial property

Ratio Decidendi

The application did not meet the statutory criteria for a second appeal as it involved the application of established legal principles to the facts and no compelling reason or important point of principle was raised. The lower courts' exercise of discretion was not flawed.

Court Disposition

Application for permission to appeal refused

Orders

  • Applications for permission to appeal, a stay of execution, and to rely on further evidence refused
  • Applicant to be provided with a copy of the judgment at public expense