Otobo v Otobo [2001] EWCA Civ 1143 (5 July 2001)

Otobo v Otobo [2001] EWCA Civ 1143 (5 July 2001)

The fixture for 18th July 2001 will proceed for the determination of the application for permission to appeal only, as any competent counsel can represent the respondent husband for this limited purpose. If permission is granted, the substantive appeal will be scheduled for 2nd/3rd August 2001.

Citation
[2001] EWCA Civ 1143
Parties
Appellant (respondent): Francisca Nwanneka Otobo; Respondent (applicant): Guy Eboe Otobo
Jurisdiction
England and Wales
Judgment Date
05 July 2001
Procedural Posture
Family Law Appeal / Application to Vacate Fixture and Directions for Permission to Appeal
Outcome
Application to vacate fixture refused; directions varied.
Legal Topics
Application to Vacate Fixture, Permission to Appeal, Counsel Availability, Case Management
Family Law Civil Procedure Application to Vacate Fixture Permission to Appeal Counsel Availability Case Management

Case Brief

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Parties

Francisca Nwanneka Otobo

Appellant (respondent)

Guy Eboe Otobo

Respondent (applicant)

Procedural Posture

Family Law Appeal / Application to Vacate Fixture and Directions for Permission to Appeal

Legal Issues

  1. 1 Whether to vacate the fixture for the oral hearing of the application for permission to appeal due to counsel's unavailability
  2. 2 Appropriate scheduling of permission to appeal and substantive appeal hearing

Ratio Decidendi

The fixture for 18th July 2001 will proceed for the determination of the application for permission to appeal only, as any competent counsel can represent the respondent husband for this limited purpose. If permission is granted, the substantive appeal will be scheduled for 2nd/3rd August 2001.

Court Disposition

Application to vacate fixture refused; directions varied.

Orders

  • Application for permission to appeal to be heard on notice on 18th July 2001.
  • If permission is granted, appeal to float on 2nd/3rd August 2001.