Karia v Karia & Ors

Karia v Karia & Ors

There is nothing in the addendum assessment report that could possibly form the basis of renewed or amended grounds of appeal. The document does not undermine the trial judge's findings, which were based on credibility and direct observation. The application to adjourn for further consideration is refused, and permission to appeal is denied.

Parties
Applicant: Karia; Respondents: Karia & Ors
Jurisdiction
England and Wales
Judgment Date
14 January 2015
Procedural Posture
Civil Appeal (family/financial Provision) / Permission to Appeal – Application to Amend Grounds Based on New Evidence
Outcome
Application for adjournment refused; permission to appeal refused.
Legal Topics
Financial Provision on Divorce, Permission to Appeal, Disclosure of Documents, Fresh Evidence
Family Law Civil Procedure Financial Provision on Divorce Permission to Appeal Disclosure of Documents Fresh Evidence

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Parties

Karia

Applicant

Karia & Ors

Respondents

Procedural Posture

Civil Appeal (family/financial Provision) / Permission to Appeal – Application to Amend Grounds Based on New Evidence

Legal Issues

  1. 1 Whether the addendum assessment report contains material justifying amendment of grounds of appeal
  2. 2 Whether permission to appeal should be granted based on alleged new evidence

Ratio Decidendi

There is nothing in the addendum assessment report that could possibly form the basis of renewed or amended grounds of appeal. The document does not undermine the trial judge's findings, which were based on credibility and direct observation. The application to adjourn for further consideration is refused, and permission to appeal is denied.

Court Disposition

Application for adjournment refused; permission to appeal refused.

Orders

  • Application to adjourn refused
  • Permission to appeal refused in respect of all three potential appellants