Chappell v Butterworth [2001] EWCA Civ 1320 (17 July 2001)

Chappell v Butterworth [2001] EWCA Civ 1320 (17 July 2001)

The trial judge's determination of the date of final separation, based on preferring the petitioner's evidence, cannot be interfered with by the appellate court.

Citation
[2001] EWCA Civ 1320
Parties
Petitioner/respondent: Helen Chappell (Formerly, Helen Butterworth); Respondent/appellant: David Alan Butterworth
Jurisdiction
England and Wales
Judgment Date
17 July 2001
Procedural Posture
Divorce Petition Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Divorce, Separation Date, Matrimonial Causes Act 1973 Section 1(2)(b)
Family Law Divorce Separation Date Matrimonial Causes Act 1973 Section 1(2)(b)

Case Brief

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Parties

Helen Chappell (Formerly, Helen Butterworth)

Petitioner/respondent

David Alan Butterworth

Respondent/appellant

Procedural Posture

Divorce Petition Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the date of final separation was 28th March or 24th May
  2. 2 Whether the trial judge's findings of fact should be interfered with on appeal

Ratio Decidendi

The trial judge's determination of the date of final separation, based on preferring the petitioner's evidence, cannot be interfered with by the appellate court.

Court Disposition

application dismissed

Orders

  • no order for costs