Champ v Champ [2001] EWCA Civ 1331 (18 July 2001)

There was no important point of law or compelling reason to grant permission to appeal; the Circuit Judge exercised her discretion within the bounds of the District Judge's factual findings.

Citation: [2001] EWCA Civ 1331
Parties: Claimant/applicant: Eric Frank Richard Champ; Defendant/respondent: Margaret Welsh Champ
Jurisdiction: England and Wales
Judgment Date: 18 July 2001
Procedural Posture: Appeal / Renewed Application for Permission to Appeal
Outcome: Application dismissed
Legal Topics: Ancillary Relief, Appeals, Judicial Discretion, Misconduct in Financial Proceedings

Family Law Ancillary Relief Appeals Judicial Discretion Misconduct in Financial Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Eric Frank Richard Champ

Claimant/applicant

Margaret Welsh Champ

Defendant/respondent

Procedural Posture

Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether the Circuit Judge exceeded her discretion in varying the District Judge's order regarding the division of assets
2 Whether the Circuit Judge made findings beyond those of the District Judge without hearing evidence
3 Whether the variation of the order was justified based on the husband's misconduct

Ratio Decidendi

There was no important point of law or compelling reason to grant permission to appeal; the Circuit Judge exercised her discretion within the bounds of the District Judge's factual findings.

Court Disposition

Application dismissed

Orders

Application for permission to appeal dismissed