FS v RS and JS

FS v RS and JS

The application to vary paragraph 7 of the previous order is dismissed because the Court of Appeal is now seised of the matter and has already granted a stay; it is inappropriate for the first instance judge to vary the order further.

Parties
Applicant: FS; Respondent: RS; Respondent: JS
Jurisdiction
England and Wales
Judgment Date
11 November 2020
Procedural Posture
Family / Post Judgment Application
Outcome
application dismissed
Legal Topics
Variation of Order, Stay Pending Appeal, TOLATA Claims
Family Law Variation of Order Stay Pending Appeal TOLATA Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

FS

Applicant

RS

Respondent

JS

Respondent

Procedural Posture

Family / Post Judgment Application

Legal Issues

  1. 1 Whether paragraph 7 of the previous order should be varied to allow the applicant additional time to pursue a TOLATA claim after the outcome of his appeal is known
  2. 2 Whether the first instance judge should grant a stay or variation pending appeal

Ratio Decidendi

The application to vary paragraph 7 of the previous order is dismissed because the Court of Appeal is now seised of the matter and has already granted a stay; it is inappropriate for the first instance judge to vary the order further.

Court Disposition

application dismissed

Orders

  • The application to vary paragraph 7 of the previous order is dismissed.