A (Children), Re

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

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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)

  1. 1 Whether the appellant should be granted an extension of time to appeal
  2. 2 Whether the judge erred in refusing to set aside the property transfer
  3. 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