Chauhan v Chauhan [2005] EWCA Civ 640 (10 May 2005)

Chauhan v Chauhan [2005] EWCA Civ 640 (10 May 2005)

There was no real prospect of success in the appeals as the lower courts acted within their discretion, there was no evidence of bias or procedural irregularity, and the issues raised did not meet the high threshold for a second appeal.

Citation
[2005] EWCA Civ 640
Parties
Claimant/appellant: Mr Chauhan; Defendant/respondent: Mrs Chauhan
Jurisdiction
England and Wales
Judgment Date
10 May 2005
Procedural Posture
Family Law Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal refused
Legal Topics
Child Custody, Periodical Payments, Attachment of Earnings, Appeal Procedure, Human Rights
Family Law Child Custody Periodical Payments Attachment of Earnings Appeal Procedure Human Rights

Case Brief

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Parties

Mr Chauhan

Claimant/appellant

Mrs Chauhan

Defendant/respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether lower court erred in refusing tape-recording of CAFCASS interviews
  2. 2 Whether lower court orders regarding periodical payments and attachment of earnings were procedurally or substantively flawed
  3. 3 Whether there was bias or procedural irregularity justifying permission to appeal

Ratio Decidendi

There was no real prospect of success in the appeals as the lower courts acted within their discretion, there was no evidence of bias or procedural irregularity, and the issues raised did not meet the high threshold for a second appeal.

Court Disposition

Permission to appeal refused

Orders

  • Applications refused
  • Transcript of judgment to be supplied to appellant at public expense