Bright v Bright [2002] EWCA Civ 1412 (10 September 2002)

Bright v Bright [2002] EWCA Civ 1412 (10 September 2002)

There is no real prospect of success in appealing District Judge Maw's finding that the separation agreement was not placed before him; without such prospect, permission to appeal must be refused.

Source-derived case information.

Citation
[2002] EWCA Civ 1412
Parties
Petitioner: Barrie Douglas Bright; Respondent: Gwendolene Jayne Bright
Jurisdiction
England and Wales
Judgment Date
10 September 2002
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division), Post County Court Judgment
Outcome
Application for permission to appeal dismissed
Legal Topics
Ancillary Relief, Appeal Procedure, Consent Orders, Separation Agreements, Conflict of Interest
Family Law Ancillary Relief Appeal Procedure Consent Orders Separation Agreements Conflict of Interest

Source-derived case record

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Parties

Barrie Douglas Bright

Petitioner

Gwendolene Jayne Bright

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division), Post County Court Judgment

Legal Issues

  1. 1 Whether permission to appeal should be granted against the refusal to set aside or vary an ancillary relief order
  2. 2 Whether the separation agreement was placed before the district judge and should have been incorporated into the order
  3. 3 Whether procedural impropriety or conflict of interest by solicitors affected the proceedings

Ratio Decidendi

There is no real prospect of success in appealing District Judge Maw's finding that the separation agreement was not placed before him; without such prospect, permission to appeal must be refused.

Court Disposition

Application for permission to appeal dismissed

Orders

  • No order as to costs
  • Transcript of judgment to be provided to the parties and solicitors at public expense