B v B [2007] EWCA Civ 1101 (16 October 2007)

B v B [2007] EWCA Civ 1101 (16 October 2007)

Permission to appeal granted not on the basis of an important point of principle or practice, but because the outcome below was sufficiently surprising and arguably unfair to constitute a compelling reason for a second appeal.

Citation
[2007] EWCA Civ 1101
Parties
Appellant: B; Respondent: B
Jurisdiction
England and Wales
Judgment Date
16 October 2007
Procedural Posture
Matrimonial Ancillary Relief / Application for Permission to Bring Second Appeal
Outcome
Permission to appeal granted
Legal Topics
Ancillary Relief, Division of Assets, Second Appeal, Inherited Property, Clean Break, Maintenance

Case Brief

Summary, issues, holding and outcome

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Parties

B

Appellant

B

Respondent

Procedural Posture

Matrimonial Ancillary Relief / Application for Permission to Bring Second Appeal

  1. 1 Whether broad equality of capital division was appropriate where all assets derived from wife's inheritance
  2. 2 Whether there was an important point of principle or practice justifying a second appeal
  3. 3 Whether the judgments below provided adequate reasoning and structure

Ratio Decidendi

Permission to appeal granted not on the basis of an important point of principle or practice, but because the outcome below was sufficiently surprising and arguably unfair to constitute a compelling reason for a second appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted to the wife (appellant)