Lomas v Lomas [2001] EWCA Civ 1891 (7 November 2001)

Lomas v Lomas [2001] EWCA Civ 1891 (7 November 2001)

The Court of Appeal has no jurisdiction to entertain an appeal against a decree absolute where the applicant had time and opportunity to appeal the decree nisi but did not do so, and no declaration to the contrary has been obtained from the court that granted the decree nisi.

Citation
[2001] EWCA Civ 1891
Parties
Petitioner/respondent: Banafsheh Lomas; Respondent/applicant: Peter Lomas
Jurisdiction
England and Wales
Judgment Date
07 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Divorce, Appeals, Jurisdiction, Decree Nisi, Decree Absolute
Family Law Civil Procedure Divorce Appeals Jurisdiction Decree Nisi Decree Absolute

Case Brief

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Parties

Banafsheh Lomas

Petitioner/respondent

Peter Lomas

Respondent/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal against a decree absolute of divorce when no appeal was made against the decree nisi within the prescribed time.
  2. 2 Whether the applicant had time and opportunity to appeal the decree nisi.

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an appeal against a decree absolute where the applicant had time and opportunity to appeal the decree nisi but did not do so, and no declaration to the contrary has been obtained from the court that granted the decree nisi.

Court Disposition

application dismissed

Orders

  • Application for permission to appeal dismissed.