Sherif v Sherif [2001] EWCA Civ 1493 (3 October 2001)

Sherif v Sherif [2001] EWCA Civ 1493 (3 October 2001)

There was no important point of law or compelling reason to grant permission to appeal under section 55 of the Access to Justice Act 1999. The error in the order's drafting can and should be corrected under the slip rule, not by appellate review.

Source-derived case information.

Citation
[2001] EWCA Civ 1493
Parties
Petitioner: Ajmal Sherif; Respondent: Jasmina Sherif
Jurisdiction
England and Wales
Judgment Date
03 October 2001
Procedural Posture
Appeal (ancillary Relief) / Permission to Appeal to Court of Appeal From County Court Decision
Outcome
Permission to appeal refused for both parties.
Legal Topics
Ancillary Relief, Financial Provision on Divorce, Appeals Procedure, Correction of Orders (slip Rule)
Family Law Ancillary Relief Financial Provision on Divorce Appeals Procedure Correction of Orders (slip Rule)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ajmal Sherif

Petitioner

Jasmina Sherif

Respondent

Procedural Posture

Appeal (ancillary Relief) / Permission to Appeal to Court of Appeal From County Court Decision

Legal Issues

  1. 1 Whether the County Court's financial order in ancillary relief proceedings was correct in quantum and form
  2. 2 Whether the order as drawn accurately reflected the judge's intention
  3. 3 Whether permission to appeal should be granted under section 55 of the Access to Justice Act 1999

Ratio Decidendi

There was no important point of law or compelling reason to grant permission to appeal under section 55 of the Access to Justice Act 1999. The error in the order's drafting can and should be corrected under the slip rule, not by appellate review.

Court Disposition

Permission to appeal refused for both parties.

Orders

  • Paragraph 2 of the order to be amended to ensure Mrs Sherif receives not less than £152,000 on sale of the property, with only the balance to go to Mr Sherif.
  • Date of 3 January 2002 to be inserted as deadline for Mrs Sherif's purchase option.