George v George [2003] EWCA Civ 202 (4 February 2003)

George v George [2003] EWCA Civ 202 (4 February 2003)

The appeal is allowed because the District Judge's order was based on a false assumption regarding the husband's liability, which was subsequently established by the Queen's Bench judgment. The ancillary relief proceedings must be reviewed afresh by Black J to ensure the division of assets reflects actual liabilities.

Citation
[2003] EWCA Civ 202
Parties
Petitioner/respondent: Jean Andrea George; Respondent/applicant: Anthony Samuel George
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Effect of External Debt Judgments, Section 25 Review
Family Law Civil Procedure Ancillary Relief Division of Matrimonial Assets Effect of External Debt Judgments Section 25 Review

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Parties

Jean Andrea George

Petitioner/respondent

Anthony Samuel George

Respondent/applicant

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the outcome of Queen's Bench proceedings (judgment debt against husband) requires alteration of the District Judge's order on ancillary relief
  2. 2 Whether the District Judge's findings regarding undisclosed assets and liability were correct in light of subsequent High Court judgment

Ratio Decidendi

The appeal is allowed because the District Judge's order was based on a false assumption regarding the husband's liability, which was subsequently established by the Queen's Bench judgment. The ancillary relief proceedings must be reviewed afresh by Black J to ensure the division of assets reflects actual liabilities.

Court Disposition

appeal allowed

Orders

  • permission to appeal granted
  • appeal allowed against order of 25.10.02 with costs