El Farargy v El Farargy & Ors

El Farargy v El Farargy & Ors

Neither applicant demonstrated a realistic prospect of success on appeal or any compelling reason to grant permission; the trial judge was entitled to her findings based on the evidence and context; criticisms regarding challenge to documents and witnesses did not undermine the judgment.

Parties
Applicant: El Farargy; Respondent: El Farargy & Ors; 3rd Respondent: Sheikh Khalid Ben Rahid El Alfawaz
Jurisdiction
England and Wales
Judgment Date
29 July 2008
Procedural Posture
Appeal (ancillary Relief) / Application for Permission to Appeal – Court of Appeal Decision
Outcome
Applications for permission to appeal dismissed
Legal Topics
Ancillary Relief, Appeal Procedure, Evidentiary Assessment, Costs
Family Law Civil Procedure Ancillary Relief Appeal Procedure Evidentiary Assessment Costs

Case Brief

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Parties

El Farargy

Applicant

El Farargy & Ors

Respondent

Sheikh Khalid Ben Rahid El Alfawaz

3rd Respondent

Procedural Posture

Appeal (ancillary Relief) / Application for Permission to Appeal – Court of Appeal Decision

Legal Issues

  1. 1 Whether the trial judge erred in dismissing the husband's claim regarding external investors in the arbitration proceeds
  2. 2 Whether the trial judge was entitled to reject documentary evidence as manufactured
  3. 3 Whether the trial judge failed to ensure proper challenge to documents and witnesses

Ratio Decidendi

Neither applicant demonstrated a realistic prospect of success on appeal or any compelling reason to grant permission; the trial judge was entitled to her findings based on the evidence and context; criticisms regarding challenge to documents and witnesses did not undermine the judgment.

Court Disposition

Applications for permission to appeal dismissed

Orders

  • Applicants to pay respondent’s costs, with liberty to apply if dissatisfied with the provisional costs order