French v French & Anor [2001] EWCA Civ 584 (6 April 2001)

French v French & Anor [2001] EWCA Civ 584 (6 April 2001)

There was no admissible appeal to the Court of Appeal against the County Court Judge's refusal of permission to appeal, and no evidence was presented to justify any further orders or to challenge the costs order. The applications were misconceived and lacked factual justification.

Citation
[2001] EWCA Civ 584
Parties
Claimant/applicant: David Peter French; Defendant/respondent: Andrew Philip French; Defendant/respondent: Julia Catherine French
Jurisdiction
England and Wales
Judgment Date
06 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal From Refusal of Permission to Appeal by County Court Judge
Outcome
Applications dismissed
Legal Topics
Appeals, Striking Out Claims, Executor Duties, Costs Orders
Probate Civil Procedure Appeals Striking Out Claims Executor Duties Costs Orders

Case Brief

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Parties

David Peter French

Claimant/applicant

Andrew Philip French

Defendant/respondent

Julia Catherine French

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal From Refusal of Permission to Appeal by County Court Judge

Legal Issues

  1. 1 Whether permission to appeal should be granted against refusal by County Court Judge to grant permission to appeal from District Judge
  2. 2 Whether costs order against applicant should be set aside
  3. 3 Whether there was any evidence of executor misconduct or concealment of estate assets

Ratio Decidendi

There was no admissible appeal to the Court of Appeal against the County Court Judge's refusal of permission to appeal, and no evidence was presented to justify any further orders or to challenge the costs order. The applications were misconceived and lacked factual justification.

Court Disposition

Applications dismissed

Orders

  • Permission to appeal refused
  • Applications for further orders dismissed