JB v SW

JB v SW

The fresh evidence admitted on appeal demonstrated that the Recorder's evaluation of the competing factors was wrong, particularly regarding the impact on the children and rehousing consequences. The original decision was set aside as it was based on incomplete evidence.

Parties
Applicant: JB; Respondent: SW
Jurisdiction
England and Wales
Judgment Date
11 March 2021
Procedural Posture
Appeal / Judgment on Appeal Against Occupation Order
Outcome
Appeal allowed; occupation order set aside; matter remitted for further hearing.
Legal Topics
Occupation Orders, Appeals, Procedural Fairness, Fresh Evidence
Family Law Occupation Orders Appeals Procedural Fairness Fresh Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

JB

Applicant

SW

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Occupation Order

Legal Issues

  1. 1 Whether the Recorder correctly applied the legal test under section 33 Family Law Act 1996
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether the original decision was wrong or unjust due to procedural irregularity

Ratio Decidendi

The fresh evidence admitted on appeal demonstrated that the Recorder's evaluation of the competing factors was wrong, particularly regarding the impact on the children and rehousing consequences. The original decision was set aside as it was based on incomplete evidence.

Court Disposition

Appeal allowed; occupation order set aside; matter remitted for further hearing.

Orders

  • Occupation order under section 33 Family Law Act 1996 set aside.
  • Application remitted for further consideration by the Family Court.