Ashley-Nicholson v Ashley-Nicholson [2002] EWCA Civ 1364 (12 September 2002)

Ashley-Nicholson v Ashley-Nicholson [2002] EWCA Civ 1364 (12 September 2002)

The orders made by the judge were justifiably made within the ambit of his broad discretion, supported by evidence and absence of controverting response from the applicant; no grounds for permission to appeal or stay.

Citation
[2002] EWCA Civ 1364
Parties
Applicant: Ashley-Nicholson; Respondent: Ashley-Nicholson
Jurisdiction
England and Wales
Judgment Date
12 September 2002
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Non Molestation Order, Ouster Order, Domestic Violence, Appeal Procedure
Family Law Non Molestation Order Ouster Order Domestic Violence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ashley-Nicholson

Applicant

Ashley-Nicholson

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the order for ouster and non-molestation was justified
  2. 2 Whether the applicant had a fair hearing
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

The orders made by the judge were justifiably made within the ambit of his broad discretion, supported by evidence and absence of controverting response from the applicant; no grounds for permission to appeal or stay.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • Stay refused