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
Legal Issues
- 1 Whether broad equality of capital division was appropriate where all assets derived from wife's inheritance
- 2 Whether there was an important point of principle or practice justifying a second appeal
- 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)
Full Case Text
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