Welch v Welch [2015] EWCA Civ 1407 (03 December 2015)

Welch v Welch [2015] EWCA Civ 1407 (03 December 2015)

The Court of Appeal cannot determine the application for permission to appeal on the merits until the High Court (Family Division) has properly decided the substantive application; the matter is remitted to the Family Division for determination.

Citation
[2015] EWCA Civ 1407
Parties
Claimant/applicant: Vivian Welch; Defendant/respondent: Welch
Jurisdiction
England and Wales
Judgment Date
03 December 2015
Procedural Posture
Appeal From High Court (family Division) Ancillary Relief Proceedings / Application for Permission to Appeal; Remittal to Family Division
Outcome
Remitted to Family Division; permission applications in Court of Appeal adjourned
Legal Topics
Ancillary Relief, Possession Order, Periodical Payments, Appeal Procedure, Recusal, Costs
Family Law Civil Procedure Ancillary Relief Possession Order Periodical Payments Appeal Procedure Recusal Costs

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Parties

Vivian Welch

Claimant/applicant

Welch

Defendant/respondent

Procedural Posture

Appeal From High Court (family Division) Ancillary Relief Proceedings / Application for Permission to Appeal; Remittal to Family Division

Legal Issues

  1. 1 Whether permission to appeal the possession order was substantively determined
  2. 2 Whether Holman J erred in finding Roberts J had refused permission to appeal
  3. 3 Whether Holman J failed to address merits of Judge Hess's possession order

Ratio Decidendi

The Court of Appeal cannot determine the application for permission to appeal on the merits until the High Court (Family Division) has properly decided the substantive application; the matter is remitted to the Family Division for determination.

Court Disposition

Remitted to Family Division; permission applications in Court of Appeal adjourned

Orders

  • Matter remitted to Family Division for determination by a judge (preferably Holman J or Roberts J)
  • Outstanding permission applications in Court of Appeal adjourned until Family Division resolves substantive application