Shuttleworth v Shuttleworth [2005] EWCA Civ 1769 (14 December 2005)

Shuttleworth v Shuttleworth [2005] EWCA Civ 1769 (14 December 2005)

The application for permission to appeal is refused because the statutory threshold for a second appeal is not met; the case does not raise an important point of principle or practice, nor is there any other compelling reason. The High Court judge's intervention in the division of assets was legitimate and justified by the facts and legal principles.

Citation
[2005] EWCA Civ 1769
Parties
Applicant/respondent: Hugh Ashton John Shuttleworth; Respondent/applicant: Elizabeth Ann Shuttleworth
Jurisdiction
England and Wales
Judgment Date
14 December 2005
Procedural Posture
Family Appeal (ancillary Relief) / Renewed Application for Permission to Appeal to Court of Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Ancillary Relief, Division of Assets, Inheritance in Divorce, Appeals Process
Family Law Ancillary Relief Division of Assets Inheritance in Divorce Appeals Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hugh Ashton John Shuttleworth

Applicant/respondent

Elizabeth Ann Shuttleworth

Respondent/applicant

Procedural Posture

Family Appeal (ancillary Relief) / Renewed Application for Permission to Appeal to Court of Appeal (second Appeal)

Legal Issues

  1. 1 Whether permission should be granted for a second appeal regarding the division of matrimonial assets with respect to inherited property
  2. 2 Whether the High Court judge erred in law or principle in altering the district judge's division of assets

Ratio Decidendi

The application for permission to appeal is refused because the statutory threshold for a second appeal is not met; the case does not raise an important point of principle or practice, nor is there any other compelling reason. The High Court judge's intervention in the division of assets was legitimate and justified by the facts and legal principles.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused