Bar'yudin v Pilipenko [2012] EWCA Civ 1524 (25 October 2012)

Bar'yudin v Pilipenko [2012] EWCA Civ 1524 (25 October 2012)

There were no arguable grounds for appeal against the possession or committal orders. The applicant had already been given opportunities to present fresh evidence and to obtain legal representation. The orders were lawfully made and enforcement was appropriate. The suspended sentence for contempt was a suitable penalty for persistent non-compliance.

Citation
[2012] EWCA Civ 1524
Parties
Applicant: Bar'yudin; Respondent: Pilipenko
Jurisdiction
England and Wales
Judgment Date
25 October 2012
Procedural Posture
Appeal (family Law Ancillary Relief, Possession, Committal) / Permission to Appeal and Substantive Appeal Against Committal and Possession Orders
Outcome
Appeal dismissed
Legal Topics
Ancillary Relief, Possession Orders, Committal for Contempt, Appeals Process, Disclosure Obligations
Family Law Civil Procedure Contempt of Court Ancillary Relief Possession Orders Committal for Contempt Appeals Process Disclosure Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bar'yudin

Applicant

Pilipenko

Respondent

Procedural Posture

Appeal (family Law Ancillary Relief, Possession, Committal) / Permission to Appeal and Substantive Appeal Against Committal and Possession Orders

Legal Issues

  1. 1 Whether the applicant (wife) had grounds to appeal against the possession and committal orders
  2. 2 Whether the court erred in refusing adjournment for legal representation
  3. 3 Whether the original ancillary relief order was flawed due to alleged non-disclosure

Ratio Decidendi

There were no arguable grounds for appeal against the possession or committal orders. The applicant had already been given opportunities to present fresh evidence and to obtain legal representation. The orders were lawfully made and enforcement was appropriate. The suspended sentence for contempt was a suitable penalty for persistent non-compliance.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal refused
  • Appeal against committal and possession orders dismissed