Quan v Bray & Anor

Quan v Bray & Anor

The application to revisit or reverse the decision to grant permission to appeal was dismissed because it amounted to rearguing the case, which is not permitted at this stage. The husband will have the opportunity to argue his points at the full appeal hearing.

Parties
Appellant: Li Quan; 1st Respondent: Stuart Bray; 2nd Respondent: Save China’s Tigers
Jurisdiction
England and Wales
Judgment Date
14 December 2015
Procedural Posture
Appeal / Application to Revisit Permission to Appeal Before Sealing Order
Outcome
Application dismissed
Legal Topics
Permission to Appeal, Reconsideration of Judgment, Case Management
Family Law Civil Procedure Permission to Appeal Reconsideration of Judgment Case Management

Case Brief

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Parties

Li Quan

Appellant

Stuart Bray

1st Respondent

Save China’s Tigers

2nd Respondent

Procedural Posture

Appeal / Application to Revisit Permission to Appeal Before Sealing Order

Legal Issues

  1. 1 Whether the court should revisit or reverse its decision to grant permission to appeal before sealing the order
  2. 2 Whether further submissions should be allowed after judgment but before sealing

Ratio Decidendi

The application to revisit or reverse the decision to grant permission to appeal was dismissed because it amounted to rearguing the case, which is not permitted at this stage. The husband will have the opportunity to argue his points at the full appeal hearing.

Court Disposition

Application dismissed

Orders

  • The court declines to reverse or revisit or clarify its decision to grant permission to appeal.
  • The husband is given an extension to file his case management submissions to 5 January 2016.