B v B

B v B

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

Parties
Appellant: B (Wife); Respondent: B (Husband)
Jurisdiction
England and Wales
Judgment Date
16 October 2007
Procedural Posture
Matrimonial Ancillary Relief / Application for Permission to Bring a Second Appeal
Outcome
Permission to appeal granted
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Appeals Procedure, Inherited Property, Clean Break Orders
Family Law Ancillary Relief Division of Matrimonial Assets Appeals Procedure Inherited Property Clean Break Orders

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Parties

B (Wife)

Appellant

B (Husband)

Respondent

Procedural Posture

Matrimonial Ancillary Relief / Application for Permission to Bring a Second Appeal

Legal Issues

  1. 1 Whether broad equality of capital division was appropriate where all assets derived from wife's inheritance
  2. 2 Whether the lower courts erred in principle or practice in their approach to asset division and maintenance
  3. 3 Whether there was a compelling reason to grant permission for a second appeal

Ratio Decidendi

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

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal to the Court of Appeal is granted on the grounds of a compelling reason.