Minwalla v Minwalla & Ors [2004] EWCA Civ 1589 (03 November 2004)

Minwalla v Minwalla & Ors [2004] EWCA Civ 1589 (03 November 2004)

Permission to appeal is refused on grounds of proportionality, the imminent final hearing, lack of prejudice to the appellant, and the risk of amplifying the respondent's costs; the appellant is to pay the respondent's costs of the application.

Citation
[2004] EWCA Civ 1589
Parties
Claimant/respondent: Meher Rohinton Minwalla; Defendant/appellant: Darayus Cyrus Minwalla; Defendant/appellant: DM Investments SA; Defendant/appellant: Midfield Management Limited; Defendant/appellant: CI Trustees Limited as Trustees of the Fountain Trust
Jurisdiction
England and Wales
Judgment Date
03 November 2004
Procedural Posture
Appeal / Permission to Appeal Application in the Court of Appeal (civil Division) From the High Court, Family Division
Outcome
Application for permission to appeal dismissed
Legal Topics
Maintenance Pending Suit, Jurisdiction of Court in Maintenance Orders, Costs in Family Proceedings, Adjournment of Hearings
Family Law Civil Procedure Maintenance Pending Suit Jurisdiction of Court in Maintenance Orders Costs in Family Proceedings Adjournment of Hearings

Case Brief

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Parties

Meher Rohinton Minwalla

Claimant/respondent

Darayus Cyrus Minwalla

Defendant/appellant

DM Investments SA

Defendant/appellant

Midfield Management Limited

Defendant/appellant

CI Trustees Limited as Trustees of the Fountain Trust

Defendant/appellant

Procedural Posture

Appeal / Permission to Appeal Application in the Court of Appeal (civil Division) From the High Court, Family Division

Legal Issues

  1. 1 Whether the trial judge had jurisdiction to order payment of monthly sums to the petitioner's solicitors as part of maintenance pending suit
  2. 2 Whether the permission to appeal should be granted given the proximity of the final hearing and the conduct of the appellant

Ratio Decidendi

Permission to appeal is refused on grounds of proportionality, the imminent final hearing, lack of prejudice to the appellant, and the risk of amplifying the respondent's costs; the appellant is to pay the respondent's costs of the application.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Applicant to pay the respondent's costs, such costs to be the subject of detailed assessment