Aydin v Aydin [2001] EWCA Civ 1661 (29 October 2001)

Aydin v Aydin [2001] EWCA Civ 1661 (29 October 2001)

The Court found no compelling reason to interfere with the district judge's order, as the division of assets was not manifestly unfair and the applicant's absence was due to circumstances beyond the court's control; however, further investigation into the alleged removal of property was warranted.

Citation
[2001] EWCA Civ 1661
Parties
Claimant/applicant: Ahmet Erol Aydin; Defendant/respondent: Carol Aydin
Jurisdiction
England and Wales
Judgment Date
29 October 2001
Procedural Posture
Application for Permission to Appeal Out of Time (ancillary Relief/divorce) / Court of Appeal, Application Hearing
Outcome
Application adjourned for further investigation.
Legal Topics
Ancillary Relief, Appeal Out of Time, Division of Matrimonial Assets, Legal Aid, Right to Fair Hearing
Family Law Civil Procedure Ancillary Relief Appeal Out of Time Division of Matrimonial Assets Legal Aid Right to Fair Hearing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ahmet Erol Aydin

Claimant/applicant

Carol Aydin

Defendant/respondent

Procedural Posture

Application for Permission to Appeal Out of Time (ancillary Relief/divorce) / Court of Appeal, Application Hearing

Legal Issues

  1. 1 Whether permission to appeal out of time should be granted
  2. 2 Whether the ancillary relief order was fair given applicant's absence
  3. 3 Whether applicant's human rights were breached by proceeding in his absence

Ratio Decidendi

The Court found no compelling reason to interfere with the district judge's order, as the division of assets was not manifestly unfair and the applicant's absence was due to circumstances beyond the court's control; however, further investigation into the alleged removal of property was warranted.

Court Disposition

Application adjourned for further investigation.

Orders

  • Transcript of judgment to be prepared at public expense and served on both parties.
  • Matter adjourned for notes/transcript of District Judge Lancaster's remarks and notice to respondent.