Civita v Civita [2002] EWCA Civ 1734 (12 November 2002)

Civita v Civita [2002] EWCA Civ 1734 (12 November 2002)

There was no important point of principle or practice, nor any compelling reason for the Court of Appeal to hear the appeal. The applicant had ample time to vacate and the lower court's decision was justified on the evidence. The proposed appeal had no real prospect of success.

Citation
[2002] EWCA Civ 1734
Parties
Claimant/applicant: Vittorio Civita; Defendant/respondent: Patricia Civita
Jurisdiction
England and Wales
Judgment Date
12 November 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Stay of Execution
Outcome
Application for permission to appeal and stay of execution refused
Legal Topics
Ancillary Relief, Possession Proceedings, Appeals, Stay of Execution
Family Law Civil Procedure Ancillary Relief Possession Proceedings Appeals Stay of Execution

Case Brief

Summary, issues, holding and outcome

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Parties

Vittorio Civita

Claimant/applicant

Patricia Civita

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether permission to appeal should be granted against the dismissal of applications to suspend execution of a warrant for possession of matrimonial property
  2. 2 Whether there is an important point of principle or practice or other compelling reason for a second-tier appeal

Ratio Decidendi

There was no important point of principle or practice, nor any compelling reason for the Court of Appeal to hear the appeal. The applicant had ample time to vacate and the lower court's decision was justified on the evidence. The proposed appeal had no real prospect of success.

Court Disposition

Application for permission to appeal and stay of execution refused

Orders

  • Applications for permission to appeal and a stay of execution refused