Khan v Khan [2001] EWCA Civ 1256 (12 July 2001)

Khan v Khan [2001] EWCA Civ 1256 (12 July 2001)

The applicant's claim is wholly unparticularised, time-barred, and raises no important point of principle or practice. The original ancillary relief order did not turn on the alleged false evidence, and there is no compelling reason to grant permission for a second-tier appeal.

Citation
[2001] EWCA Civ 1256
Parties
Petitioner/respondent: Kamal Unnisa Begum Khan; Respondent/applicant: Nasrullah Khan
Jurisdiction
England and Wales
Judgment Date
12 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Tier)
Outcome
application for permission to appeal refused
Legal Topics
Ancillary Relief, Strike Out Application, Fraud Allegation, Limitation Period, Appeal Process
Family Law Civil Procedure Ancillary Relief Strike Out Application Fraud Allegation Limitation Period Appeal Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Kamal Unnisa Begum Khan

Petitioner/respondent

Nasrullah Khan

Respondent/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Tier)

Legal Issues

  1. 1 Whether the applicant's claim alleging fraud and false evidence in prior ancillary relief proceedings should be allowed to proceed
  2. 2 Whether there is an important point of principle or practice or other compelling reason to grant permission for a second-tier appeal

Ratio Decidendi

The applicant's claim is wholly unparticularised, time-barred, and raises no important point of principle or practice. The original ancillary relief order did not turn on the alleged false evidence, and there is no compelling reason to grant permission for a second-tier appeal.

Court Disposition

application for permission to appeal refused

Orders

  • Application for permission to appeal refused