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
Legal Issues
- 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 Whether the Family Division judges erred in prioritising responsibilities for children of the marriage over a child born outside the marriage
- 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
Full Case Text
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