Hart v Hart

Hart v Hart

The husband's renewed application for permission to appeal fails as none of his grounds raise a reasonably arguable basis of challenge; all issues raised were matters of fact for the trial judge, and no procedural unfairness was substantiated.

Parties
Applicant: Hart; Respondent: Hart
Jurisdiction
England and Wales
Judgment Date
24 May 2016
Procedural Posture
Ancillary Relief Proceedings / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused.
Legal Topics
Ancillary Relief, Appeal, Permission to Appeal, Cohabitation, Capital Gains Tax, Trusts, Fairness in Proceedings
Family Law Ancillary Relief Appeal Permission to Appeal Cohabitation Capital Gains Tax Trusts Fairness in Proceedings

Case Brief

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Parties

Hart

Applicant

Hart

Respondent

Procedural Posture

Ancillary Relief Proceedings / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether Judge Wildblood erred in assessing the wife's needs given cohabitation
  2. 2 Whether there was procedural unfairness in the conduct of the hearing
  3. 3 Treatment of family trust assets

Ratio Decidendi

The husband's renewed application for permission to appeal fails as none of his grounds raise a reasonably arguable basis of challenge; all issues raised were matters of fact for the trial judge, and no procedural unfairness was substantiated.

Court Disposition

Application for permission to appeal refused.

Orders

  • Husband's renewed application for permission to appeal is refused.
  • Wife's appeal will proceed in due course.