AS v AB [2024] EWFC 14 (B) (01 February 2024)

AS v AB [2024] EWFC 14 (B) (01 February 2024)

Permission to appeal is granted because the District Judge may have erred by not considering the proportionality of making the husband homeless and not addressing the availability of alternative accommodation, and because the absence of a transcript or note of judgment makes a rehearing necessary in the interests of justice.

Citation
[2024] EWFC 14 (B)
Parties
Applicant: AS; Respondent: AB
Jurisdiction
England and Wales
Judgment Date
01 February 2024
Procedural Posture
Family Law Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted; appeal to be heard as a rehearing.
Legal Topics
Non Molestation Order, Occupation Order, Domestic Abuse, Appeal Procedure, Rehearing Due to Missing Transcript
Family Law Non Molestation Order Occupation Order Domestic Abuse Appeal Procedure Rehearing Due to Missing Transcript

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Parties

AS

Applicant

AB

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted in the absence of a transcript of the first instance judgment
  2. 2 Whether the District Judge erred in exercising discretion regarding the exclusion order and its proportionality
  3. 3 Whether the lack of consideration for alternative accommodation and the impact on the husband was a material error

Ratio Decidendi

Permission to appeal is granted because the District Judge may have erred by not considering the proportionality of making the husband homeless and not addressing the availability of alternative accommodation, and because the absence of a transcript or note of judgment makes a rehearing necessary in the interests of justice.

Court Disposition

Permission to appeal granted; appeal to be heard as a rehearing.

Orders

  • Permission to appeal is granted.
  • The appeal will be held as a rehearing pursuant to FPR rule 30.12(1)(b).