Morgan v Morgan

Morgan v Morgan

The husband has a real prospect of success in arguing that the judge's direction to accept Millgate's conditional offer was wrong, particularly in light of subsequent developments affecting the parties' interests.

Parties
Applicant: Anthony Malcolm Morgan; Respondent: Vanessa Lillian Morgan
Jurisdiction
England and Wales
Judgment Date
14 November 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Stay of Execution
Outcome
Permission to appeal, stay of execution, and expedition granted.
Legal Topics
Ancillary Relief, Property Sale, Judicial Discretion, Appeal Procedure
Family Law Ancillary Relief Property Sale Judicial Discretion Appeal Procedure

Case Brief

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Parties

Anthony Malcolm Morgan

Applicant

Vanessa Lillian Morgan

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether the judge's direction to accept Millgate's conditional offer was correct
  2. 2 Whether the husband's unconditional offer was more favourable
  3. 3 Impact of subsequent developments on the judge's decision

Ratio Decidendi

The husband has a real prospect of success in arguing that the judge's direction to accept Millgate's conditional offer was wrong, particularly in light of subsequent developments affecting the parties' interests.

Court Disposition

Permission to appeal, stay of execution, and expedition granted.

Orders

  • Stay of execution of the judge's order until appeal or further order
  • Early hearing of appeal before two Lords Justices