Spencer v Spencer [2002] EWCA Civ 706 (7 May 2002)

Spencer v Spencer [2002] EWCA Civ 706 (7 May 2002)

There was no misdirection or error in the County Court's handling of the case; the application for permission to appeal was out of time and the orders in question had expired, rendering the appeal academic.

Citation
[2002] EWCA Civ 706
Parties
Applicant/respondent: Susan Mary Spencer; Respondent/applicant: Paul David Spencer
Jurisdiction
England and Wales
Judgment Date
07 May 2002
Procedural Posture
Appeal (family Law Non Molestation/committal) / Application for Permission to Appeal to Court of Appeal From County Court Appeal
Outcome
Application for permission to appeal and extension of time refused.
Legal Topics
Non Molestation Injunction, Committal for Breach of Injunction, Appeal Procedure, Extension of Time, Access to Justice Act 1999
Family Law Civil Procedure Non Molestation Injunction Committal for Breach of Injunction Appeal Procedure Extension of Time Access to Justice Act 1999

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Parties

Susan Mary Spencer

Applicant/respondent

Paul David Spencer

Respondent/applicant

Procedural Posture

Appeal (family Law Non Molestation/committal) / Application for Permission to Appeal to Court of Appeal From County Court Appeal

Legal Issues

  1. 1 Whether there was procedural unfairness in the original and committal proceedings
  2. 2 Whether the appeal to the Court of Appeal is competent and in time
  3. 3 Whether expired orders justify appellate intervention

Ratio Decidendi

There was no misdirection or error in the County Court's handling of the case; the application for permission to appeal was out of time and the orders in question had expired, rendering the appeal academic.

Court Disposition

Application for permission to appeal and extension of time refused.

Orders

  • Permission to appeal refused.
  • Extension of time refused.