AS v AB

AS v AB

Permission to appeal is granted because the lower court's order did not address the proportionality of making the husband homeless or consider alternative accommodation, and the absence of a transcript makes a rehearing necessary in the interests of justice.

Parties
Applicant: AS; Respondent: AB
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family Law Appeal / Application for Permission to Appeal; Permission Granted
Outcome
Permission to appeal granted; appeal to be held 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

Case Brief

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Parties

AS

Applicant

AB

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal; Permission Granted

Legal Issues

  1. 1 Whether permission to appeal should be granted in absence of a transcript of the lower court's judgment
  2. 2 Whether the lower court erred in exercising discretion regarding the exclusion order and its proportionality
  3. 3 Whether the absence of a transcript necessitates a rehearing

Ratio Decidendi

Permission to appeal is granted because the lower court's order did not address the proportionality of making the husband homeless or consider alternative accommodation, and the absence of a transcript makes a rehearing necessary in the interests of justice.

Court Disposition

Permission to appeal granted; appeal to be held as a rehearing

Orders

  • Permission to appeal granted
  • Appeal to be held as a rehearing under FPR rule 30.12(1)(b)