Hall v Hall [2008] EWCA Civ 350 (18 March 2008)

Hall v Hall [2008] EWCA Civ 350 (18 March 2008)

The district judge's order transferring all assets to the husband was wholly impermissible and outside judicial discretion; the subsequent refusal to set aside and dismissal of appeal were also wrong. Manifest injustice required intervention and setting aside of the county court orders.

Citation
[2008] EWCA Civ 350
Parties
Appellant: Hall; Respondent: Hall
Jurisdiction
England and Wales
Judgment Date
18 March 2008
Procedural Posture
Family Law Appeal / Second Appeal to Court of Appeal From Basingstoke County Court
Outcome
Appeal allowed
Legal Topics
Ancillary Relief, Clean Break, Set Aside Order, Appeal Procedure, Division of Assets
Family Law Ancillary Relief Clean Break Set Aside Order Appeal Procedure Division of Assets

Case Brief

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Parties

Hall

Appellant

Hall

Respondent

Procedural Posture

Family Law Appeal / Second Appeal to Court of Appeal From Basingstoke County Court

Legal Issues

  1. 1 Whether the district judge's order transferring all assets to the husband in the absence of the wife was permissible
  2. 2 Whether the wife's application to set aside the order should have been granted
  3. 3 Whether the circuit judge erred in dismissing the wife's appeal

Ratio Decidendi

The district judge's order transferring all assets to the husband was wholly impermissible and outside judicial discretion; the subsequent refusal to set aside and dismissal of appeal were also wrong. Manifest injustice required intervention and setting aside of the county court orders.

Court Disposition

Appeal allowed

Orders

  • Orders of the county court set aside
  • Case referred to Coleridge J for directions and further conduct