Messer & Anor v Messer

Messer & Anor v Messer

Mrs Messer is entitled to have her appeal against the committal order heard by the Court of Appeal without permission. Applications B1/2004/0396 and B1/2004/2144 are dismissed as either moot or duplicative. A stay of execution is granted pending the hearing of the appeal in January 2005.

Parties
Applicant/appellant: Mrs T Messer; Respondent/defendant: Mr Messer
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Civil Appeal / Interlocutory Application Ruling
Outcome
applications dismissed, stay granted
Legal Topics
Appeal Against Committal Order, Stay of Execution, Extension of Time, Possession Proceedings
Civil Procedure Family Law Appeal Against Committal Order Stay of Execution Extension of Time Possession Proceedings

Case Brief

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Parties

Mrs T Messer

Applicant/appellant

Mr Messer

Respondent/defendant

Procedural Posture

Civil Appeal / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether Mrs Messer is entitled to appeal the committal order of 19 January 2004 without permission
  2. 2 Whether a stay of execution should be granted pending the appeal
  3. 3 Whether extension of time for application B1/2004/2144 should be granted

Ratio Decidendi

Mrs Messer is entitled to have her appeal against the committal order heard by the Court of Appeal without permission. Applications B1/2004/0396 and B1/2004/2144 are dismissed as either moot or duplicative. A stay of execution is granted pending the hearing of the appeal in January 2005.

Court Disposition

applications dismissed, stay granted

Orders

  • Application B1/2004/0396 dismissed
  • Extension of time for application B1/2004/2144 refused and application dismissed