Messer & Anor v Messer [2004] EWCA Civ 913 (21 December 2004)

Messer & Anor v Messer [2004] EWCA Civ 913 (21 December 2004)

Mrs Messer is entitled to have her appeal against the committal order heard by the Court of Appeal without permission, and a stay of execution is appropriate pending that hearing. Applications duplicative or out of time are dismissed to avoid procedural confusion.

Citation
[2004] EWCA Civ 913
Parties
Appellant/applicant: Mrs T Messer; Defendant/respondent: Mr Messer
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Civil Appeal / Interlocutory Applications Prior to Full Appeal Hearing
Outcome
Applications B1/2004/0396 and B1/2004/2144 dismissed; stay of execution granted pending appeal; transcript to be provided to parties.
Legal Topics
Committal for Contempt, Possession Order, Appeal Procedure, Stay of Execution, Extension of Time
Civil Procedure Family Law Committal for Contempt Possession Order Appeal Procedure Stay of Execution Extension of Time

Case Brief

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Parties

Mrs T Messer

Appellant/applicant

Mr Messer

Defendant/respondent

Procedural Posture

Civil Appeal / Interlocutory Applications Prior to Full Appeal Hearing

Legal Issues

  1. 1 Whether Mrs Messer is entitled to appeal the committal order without permission
  2. 2 Whether a stay of execution should be granted pending appeal
  3. 3 Whether extension of time for late application should be granted

Ratio Decidendi

Mrs Messer is entitled to have her appeal against the committal order heard by the Court of Appeal without permission, and a stay of execution is appropriate pending that hearing. Applications duplicative or out of time are dismissed to avoid procedural confusion.

Court Disposition

Applications B1/2004/0396 and B1/2004/2144 dismissed; stay of execution granted pending appeal; transcript to be provided to parties.

Orders

  • Application B1/2004/0396 dismissed
  • Extension of time for application B1/2004/2144 refused and application dismissed