L v G

L v G

The application fails because Section 25 of the Matrimonial Causes Act 1973 is not incompatible with the Human Rights Act 1998 or the European Convention on Human Rights, and none of the applicant's arguments surmount the Section 55 barrier to a second-tier appeal.

Parties
Applicant/appellant: L; Respondent: G
Jurisdiction
England and Wales
Judgment Date
18 September 2003
Procedural Posture
Family/ancillary Relief / Renewed Application for Permission to Appeal and Extension of Time
Outcome
Application dismissed
Legal Topics
Ancillary Relief, Appeals, Human Rights, Costs

Case Brief

Summary, issues, holding and outcome

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Parties

L

Applicant/appellant

G

Respondent

Procedural Posture

Family/ancillary Relief / Renewed Application for Permission to Appeal and Extension of Time

  1. 1 Whether Section 25 of the Matrimonial Causes Act 1973 is incompatible with the Human Rights Act 1998 and the European Convention on Human Rights
  2. 2 Whether the Family Division judges erred in prioritising responsibilities for children of the marriage over a child born outside the marriage
  3. 3 Whether the division of capital was unreasonable or unfair

Ratio Decidendi

The application fails because Section 25 of the Matrimonial Causes Act 1973 is not incompatible with the Human Rights Act 1998 or the European Convention on Human Rights, and none of the applicant's arguments surmount the Section 55 barrier to a second-tier appeal.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed