Ayobiojo & Anor v Easyspace Ltd [2004] EWCA Civ 1247 (29 July 2004)

Ayobiojo & Anor v Easyspace Ltd [2004] EWCA Civ 1247 (29 July 2004)

There was no arguable ground for appeal against Pitchers J's findings, which were supported by evidence and legal authority. The divorce petition produced was not genuine, and even if it had been, the principles in Austin-Fell required a charging order to be made. Refusal of legal aid and representation did not breach Article 6(1) ECHR. Ancillary applications for joinder, contempt, and adjournment were without merit.

Citation
[2004] EWCA Civ 1247
Parties
Applicant: Bashiru Adebola Ayobiojo; Applicant: Angela Wendy Joy Ayobiojo; Respondent: Easyspace Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Ancillary Reliefs
Outcome
All applications refused
Legal Topics
Charging Orders, Enforcement of Judgments, Divorce Proceedings, Legal Aid, Access to Courts, Joinder of Parties, Contempt of Court
Civil Procedure Property Law Family Law Charging Orders Enforcement of Judgments Divorce Proceedings Legal Aid Access to Courts +2 more

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Parties

Bashiru Adebola Ayobiojo

Applicant

Angela Wendy Joy Ayobiojo

Applicant

Easyspace Limited

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Ancillary Reliefs

Legal Issues

  1. 1 Whether permission to appeal against the order of Pitchers J should be granted
  2. 2 Whether the divorce petition produced was genuine
  3. 3 Whether a final charging order should be made over the applicant's property interest

Ratio Decidendi

There was no arguable ground for appeal against Pitchers J's findings, which were supported by evidence and legal authority. The divorce petition produced was not genuine, and even if it had been, the principles in Austin-Fell required a charging order to be made. Refusal of legal aid and representation did not breach Article 6(1) ECHR. Ancillary applications for joinder, contempt, and adjournment were without merit.

Court Disposition

All applications refused

Orders

  • Permission to appeal refused
  • Applications for legal aid, representation, adjournment, joinder, committal, and production of documents refused