Zeiderman v Zeiderman

Zeiderman v Zeiderman

The district judge's orders were based on assumptions and beliefs rather than evidence, particularly regarding the existence of concealed assets and the credibility of the parties. The refusal to admit fresh evidence on appeal was inappropriate given the centrality of the disputed property to the case. Justice required a rehearing before a different tribunal.

Parties
Appellant: Brian Zeiderman; Respondent: Lorna Zeiderman
Jurisdiction
England and Wales
Judgment Date
18 June 2008
Procedural Posture
Civil Appeal Family/ancillary Relief / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed; orders of district judge and Black J set aside; rehearing ordered
Legal Topics
Ancillary Relief, Financial Provision on Divorce, Appeal Procedure, Admission of Fresh Evidence
Family Law Ancillary Relief Financial Provision on Divorce Appeal Procedure Admission of Fresh Evidence

Case Brief

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Parties

Brian Zeiderman

Appellant

Lorna Zeiderman

Respondent

Procedural Posture

Civil Appeal Family/ancillary Relief / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the district judge erred in making property and periodical payment orders based on assumptions and beliefs rather than evidence
  2. 2 Whether the refusal to admit fresh evidence on appeal was justified
  3. 3 Whether the approach to matrimonial misconduct was correct under the law

Ratio Decidendi

The district judge's orders were based on assumptions and beliefs rather than evidence, particularly regarding the existence of concealed assets and the credibility of the parties. The refusal to admit fresh evidence on appeal was inappropriate given the centrality of the disputed property to the case. Justice required a rehearing before a different tribunal.

Court Disposition

Appeal allowed; orders of district judge and Black J set aside; rehearing ordered

Orders

  • Permission to appeal granted
  • Appeal allowed