Cordle v Cordle [2001] EWCA Civ 1791 (15 November 2001)

Cordle v Cordle [2001] EWCA Civ 1791 (15 November 2001)

The Circuit Judge erred in law and fact by misunderstanding the statutory child support scheme, double-counting assets, and misapplying the principles for appellate review and division of assets; the District Judge's order was correct and should be restored.

Citation
[2001] EWCA Civ 1791
Parties
Petitioner/respondent: Beverley Ann Cordle; Respondent/applicant: Sidney Clifford Cordle
Jurisdiction
England and Wales
Judgment Date
15 November 2001
Procedural Posture
Ancillary Relief (financial Remedy) Appeal in Divorce Proceedings / Appeal From Circuit Judge to Court of Appeal
Outcome
Appeal allowed; order of the Circuit Judge set aside; order of the District Judge restored.
Legal Topics
Ancillary Relief, Appeals Procedure, Division of Matrimonial Assets, Clean Break Orders, Child Support Jurisdiction
Family Law Ancillary Relief Appeals Procedure Division of Matrimonial Assets Clean Break Orders Child Support Jurisdiction

Case Brief

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Parties

Beverley Ann Cordle

Petitioner/respondent

Sidney Clifford Cordle

Respondent/applicant

Procedural Posture

Ancillary Relief (financial Remedy) Appeal in Divorce Proceedings / Appeal From Circuit Judge to Court of Appeal

Legal Issues

  1. 1 Whether the Circuit Judge erred in varying the District Judge's order on ancillary relief
  2. 2 Proper approach to appeals from District Judge to Circuit Judge in ancillary relief cases
  3. 3 Application of White v White principles to division of assets

Ratio Decidendi

The Circuit Judge erred in law and fact by misunderstanding the statutory child support scheme, double-counting assets, and misapplying the principles for appellate review and division of assets; the District Judge's order was correct and should be restored.

Court Disposition

Appeal allowed; order of the Circuit Judge set aside; order of the District Judge restored.

Orders

  • Permission to appeal granted
  • Appeal allowed