Sealy v Sealy [2005] EWCA Civ 1665 (14 October 2005)

Sealy v Sealy [2005] EWCA Civ 1665 (14 October 2005)

The proper course for challenging orders allegedly obtained by material non-disclosure is to apply to set aside those orders at first instance, not to pursue the appellate route. The appellate court cannot determine factual issues of non-disclosure and the matter should be heard on evidence before the original court.

Citation
[2005] EWCA Civ 1665
Parties
Claimant/respondent: Joanna Elizabeth Sealy; Defendant/appellant: Richard Sealy
Jurisdiction
England and Wales
Judgment Date
14 October 2005
Procedural Posture
Civil Appeal (ancillary Relief/family) / Renewed Application for Permission to Appeal
Outcome
Permission granted to withdraw application for permission to appeal.
Legal Topics
Ancillary Relief, Non Disclosure, Setting Aside Orders, Appeal Procedure
Family Law Ancillary Relief Non Disclosure Setting Aside Orders Appeal Procedure

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Parties

Joanna Elizabeth Sealy

Claimant/respondent

Richard Sealy

Defendant/appellant

Procedural Posture

Civil Appeal (ancillary Relief/family) / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellate route is appropriate for challenging orders allegedly obtained by material non-disclosure
  2. 2 Whether permission should be granted to adduce fresh evidence on appeal

Ratio Decidendi

The proper course for challenging orders allegedly obtained by material non-disclosure is to apply to set aside those orders at first instance, not to pursue the appellate route. The appellate court cannot determine factual issues of non-disclosure and the matter should be heard on evidence before the original court.

Court Disposition

Permission granted to withdraw application for permission to appeal.

Orders

  • Application for permission to appeal withdrawn by leave of the court.
  • Matter to be reconsidered at first instance by application to set aside previous orders on grounds of non-disclosure.