Jones v Jones

Jones v Jones

Permission to appeal is granted on grounds 2, 3, and 4 because the attribution of 60% of the company value to pre-marital endeavour and the resulting asset division may constitute an error of principle not justified by evidence. Permission is refused on ground 1 as the difference in figures is marginal and not sufficient to warrant appeal.

Parties
Appellant: Jones; Respondent: Jones
Jurisdiction
England and Wales
Judgment Date
24 June 2010
Procedural Posture
Civil Appeal Ancillary Relief (family) / Application for Permission to Appeal
Outcome
Application granted in part
Legal Topics
Ancillary Relief, Asset Division, Discretion of Trial Judge, Appeal Grounds
Family Law Ancillary Relief Asset Division Discretion of Trial Judge Appeal Grounds

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Jones

Appellant

Jones

Respondent

Procedural Posture

Civil Appeal Ancillary Relief (family) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in attributing 60% of the value of the husband's company to pre-marital endeavour
  2. 2 Whether the award to the wife was too low given the length of the marriage and the assets created during the marriage
  3. 3 Whether the judge's assessment of the duration of the marriage relative to the business was correct

Ratio Decidendi

Permission to appeal is granted on grounds 2, 3, and 4 because the attribution of 60% of the company value to pre-marital endeavour and the resulting asset division may constitute an error of principle not justified by evidence. Permission is refused on ground 1 as the difference in figures is marginal and not sufficient to warrant appeal.

Court Disposition

Application granted in part

Orders

  • Permission to appeal refused on ground 1
  • Permission to appeal granted on grounds 2, 3, and 4