Thacker v Thacker

Thacker v Thacker

The judge acted within his discretion in refusing an adjournment, properly relied on disclosed bank documents to assess the applicant's true financial position, correctly approached the quantification of the lump sum, and was right to attribute trust assets to the applicant based on the evidence. No arguable grounds for appeal exist.

Parties
Applicant: Howard William Thacker; Respondent: Nichola Jane Thacker
Jurisdiction
England and Wales
Judgment Date
31 July 2007
Procedural Posture
Civil Appeal (family/ancillary Relief) / Application for Permission to Appeal (post Judgment, Appellate Stage)
Outcome
Permission to appeal refused
Legal Topics
Ancillary Relief, Freezing Orders, Disclosure in Financial Proceedings, Adjournment of Hearings, Trusts in Divorce
Family Law Civil Procedure Ancillary Relief Freezing Orders Disclosure in Financial Proceedings Adjournment of Hearings Trusts in Divorce

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Parties

Howard William Thacker

Applicant

Nichola Jane Thacker

Respondent

Procedural Posture

Civil Appeal (family/ancillary Relief) / Application for Permission to Appeal (post Judgment, Appellate Stage)

Legal Issues

  1. 1 Whether the judge erred in refusing to adjourn the hearing due to the applicant's alleged ill-health
  2. 2 Whether the judge erred in relying on documents disclosed by the applicant's bank without his comment
  3. 3 Whether the judge's quantification of the lump sum award was flawed

Ratio Decidendi

The judge acted within his discretion in refusing an adjournment, properly relied on disclosed bank documents to assess the applicant's true financial position, correctly approached the quantification of the lump sum, and was right to attribute trust assets to the applicant based on the evidence. No arguable grounds for appeal exist.

Court Disposition

Permission to appeal refused

Orders

  • Applications for permission to appeal refused
  • No stay of the underlying orders