A (Children), Re
The appellant failed to provide a sufficient explanation for the excessive delay in filing the appeal. The judge's findings of fact were justified and not open to challenge. The appellant was not without remedy as she could pursue proceedings under Part III of the 1984 Act. There was no real prospect of success on the merits.
- Parties
- Appellant: JK (formerly Mrs A); Respondent: Mr A (respondent husband)
- Jurisdiction
- England and Wales
- Judgment Date
- 20 May 2009
- Procedural Posture
- Family Appeal / Application for Permission to Appeal (extension of Time and Merits)
- Outcome
- Application refused
- Legal Topics
- Extension of Time for Appeal, Setting Aside Property Transfer, Jurisdiction of Family Division, Self Represented Litigants
Case Brief
Summary, issues, holding and outcome
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Parties
JK (formerly Mrs A)
Appellant
Mr A (respondent husband)
Respondent
Procedural Posture
Family Appeal / Application for Permission to Appeal (extension of Time and Merits)
Legal Issues
- 1 Whether the appellant should be granted an extension of time to appeal
- 2 Whether the judge erred in refusing to set aside the property transfer
- 3 Whether the appellant was disadvantaged by lack of legal representation
Ratio Decidendi
The appellant failed to provide a sufficient explanation for the excessive delay in filing the appeal. The judge's findings of fact were justified and not open to challenge. The appellant was not without remedy as she could pursue proceedings under Part III of the 1984 Act. There was no real prospect of success on the merits.
Court Disposition
Application refused
Orders
- Extension of time to appeal refused
- Permission to appeal refused
Full Case Text
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