Stylianou v Chimarides [2005] EWCA Civ 1057 (29 July 2005)

Stylianou v Chimarides [2005] EWCA Civ 1057 (29 July 2005)

The judge below exercised her discretion properly in granting leave to appeal out of time to set aside the consent order, having given adequate reasons and accounted for the delay due to public funding issues. The proposed appeal had no real prospect of success.

Citation
[2005] EWCA Civ 1057
Parties
Claimant/respondent: Anna Stylianou (formerly Yiannoulla Chimarides); Defendant/appellant: Stelios Sergios Chimarides
Jurisdiction
England and Wales
Judgment Date
29 July 2005
Procedural Posture
Civil Appeal / Permission to Appeal Application
Outcome
Application for permission to appeal dismissed
Legal Topics
Ancillary Relief, Consent Order, Material Non Disclosure, Appeal Out of Time, Setting Aside Orders
Family Law Ancillary Relief Consent Order Material Non Disclosure Appeal Out of Time Setting Aside Orders

Case Brief

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Parties

Anna Stylianou (formerly Yiannoulla Chimarides)

Claimant/respondent

Stelios Sergios Chimarides

Defendant/appellant

Procedural Posture

Civil Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether leave to appeal out of time against an order granting permission to set aside a consent order should be granted
  2. 2 Whether delay in applying to set aside the consent order was justified
  3. 3 Whether there was material non-disclosure justifying setting aside the consent order

Ratio Decidendi

The judge below exercised her discretion properly in granting leave to appeal out of time to set aside the consent order, having given adequate reasons and accounted for the delay due to public funding issues. The proposed appeal had no real prospect of success.

Court Disposition

Application for permission to appeal dismissed

Orders

  • No order for costs
  • Transcript of judgment to be expedited