Hart v Hart [2016] EWCA Civ 497 (24 May 2016)

Hart v Hart [2016] EWCA Civ 497 (24 May 2016)

The applicant's grounds of appeal raised no arguable error of law or fact; the trial judge's findings were open to him on the evidence, and there was no procedural unfairness or misapplication of legal principle. The renewed application for permission to appeal was refused.

Citation
[2016] EWCA Civ 497
Parties
Applicant: Hart; Respondent: Hart
Jurisdiction
England and Wales
Judgment Date
24 May 2016
Procedural Posture
Ancillary Relief (financial Remedy) Proceedings / Renewed Application for Permission to Appeal
Outcome
Renewed application for permission to appeal refused.
Legal Topics
Ancillary Relief, Financial Remedies, Permission to Appeal, Capital Gains Tax in Divorce, Treatment of Trusts in Divorce, Procedural Fairness
Family Law Ancillary Relief Financial Remedies Permission to Appeal Capital Gains Tax in Divorce Treatment of Trusts in Divorce Procedural Fairness

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Parties

Hart

Applicant

Hart

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Proceedings / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing to reduce the wife's needs due to cohabitation
  2. 2 Whether the trial judge erred in treatment of family trust assets
  3. 3 Whether the trial judge erred in provision for potential capital gains tax liabilities

Ratio Decidendi

The applicant's grounds of appeal raised no arguable error of law or fact; the trial judge's findings were open to him on the evidence, and there was no procedural unfairness or misapplication of legal principle. The renewed application for permission to appeal was refused.

Court Disposition

Renewed application for permission to appeal refused.

Orders

  • Husband's application for permission to appeal is refused.
  • Wife's appeal to proceed in the usual way.