Holmes v Wheeler-Johns [2002] EWCA Civ 1650 (28 October 2002)

Holmes v Wheeler-Johns [2002] EWCA Civ 1650 (28 October 2002)

Permission to appeal refused because the District Judge's findings of fact and exercise of discretion were unimpeachable, the wife's death was foreseeable and not a Barder event, and the applicant's bankruptcy would prevent him from benefiting from any order.

Citation
[2002] EWCA Civ 1650
Parties
Claimant/respondent: Elsie Beatrice Holmes; Defendant/applicant: Kevin Ian Wheeler-Johns
Jurisdiction
England and Wales
Judgment Date
28 October 2002
Procedural Posture
Ancillary Relief Proceedings (family Law) / Application for Permission to Make a Second Appeal and for Stay of Execution
Outcome
Application for permission to appeal refused.
Legal Topics
Ancillary Relief, Appeals, Bankruptcy and Matrimonial Property, Discretion of Trial Judge, Effect of Death on Proceedings
Family Law Civil Procedure Bankruptcy Ancillary Relief Appeals Bankruptcy and Matrimonial Property Discretion of Trial Judge Effect of Death on Proceedings

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Parties

Elsie Beatrice Holmes

Claimant/respondent

Kevin Ian Wheeler-Johns

Defendant/applicant

Procedural Posture

Ancillary Relief Proceedings (family Law) / Application for Permission to Make a Second Appeal and for Stay of Execution

Legal Issues

  1. 1 Whether permission should be granted for a second appeal in ancillary relief proceedings
  2. 2 Whether the District Judge erred in the exercise of discretion regarding division of assets and occupation of property
  3. 3 Whether the death of the wife constituted a Barder event justifying setting aside the order

Ratio Decidendi

Permission to appeal refused because the District Judge's findings of fact and exercise of discretion were unimpeachable, the wife's death was foreseeable and not a Barder event, and the applicant's bankruptcy would prevent him from benefiting from any order.

Court Disposition

Application for permission to appeal refused.

Orders

  • Applicant to be provided with a transcript of the judgment at public expense.