Stanton v Stanton [2002] EWCA Civ 1015 (17 June 2002)

Stanton v Stanton [2002] EWCA Civ 1015 (17 June 2002)

The refusal of permission to appeal was mistaken because permission was not required in ancillary relief proceedings; therefore, the order must be set aside and the appeal heard afresh by a different judge.

Citation
[2002] EWCA Civ 1015
Parties
Petitioner/respondent: Carol Joan Stanton; Respondent/applicant: Stanton
Jurisdiction
England and Wales
Judgment Date
17 June 2002
Procedural Posture
Appeal / Appeal From Colchester County Court to Court of Appeal (civil Division)
Outcome
Appeal allowed by consent; previous orders set aside; matter remitted for rehearing by a different judge in the County Court.
Legal Topics
Appeal Procedure, Permission to Appeal, Ancillary Relief Proceedings
Civil Procedure Appeal Procedure Permission to Appeal Ancillary Relief Proceedings

Case Brief

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Parties

Carol Joan Stanton

Petitioner/respondent

Stanton

Respondent/applicant

Procedural Posture

Appeal / Appeal From Colchester County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether Mr Stanton required permission to appeal from District Judge to Circuit Judge in ancillary relief proceedings
  2. 2 Whether the previous order refusing permission to appeal was valid

Ratio Decidendi

The refusal of permission to appeal was mistaken because permission was not required in ancillary relief proceedings; therefore, the order must be set aside and the appeal heard afresh by a different judge.

Court Disposition

Appeal allowed by consent; previous orders set aside; matter remitted for rehearing by a different judge in the County Court.

Orders

  • Appeal allowed by consent
  • Orders of His Honour Judge Brandt set aside