S v S [2012] EWHC 2960 (Fam) (25 January 2012)

S v S [2012] EWHC 2960 (Fam) (25 January 2012)

The district judge's decisions regarding the retention of BFD Farm by the husband and the costs award were within his legitimate discretion, supported by the evidence and the law. There was no real prospect of success for the appeal on either ground.

Source-derived case information.

Citation
[2012] EWHC 2960 (Fam)
Parties
Applicant: LS; Respondent: JS
Jurisdiction
England and Wales
Judgment Date
25 January 2012
Procedural Posture
Family Law Financial Remedy (judicial Separation) / Application for Permission to Appeal With Appeal to Follow If Granted
Outcome
Permission to appeal refused
Legal Topics
Financial Remedies, Judicial Separation, Costs Orders, Litigation Misconduct, Asset Division
Family Law Financial Remedies Judicial Separation Costs Orders Litigation Misconduct Asset Division

Source-derived case record

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Parties

LS

Applicant

JS

Respondent

Procedural Posture

Family Law Financial Remedy (judicial Separation) / Application for Permission to Appeal With Appeal to Follow If Granted

Legal Issues

  1. 1 Whether the district judge erred in refusing to transfer BFD Farm to the wife
  2. 2 Whether the district judge failed to properly reflect the husband's litigation misconduct in the costs award

Ratio Decidendi

The district judge's decisions regarding the retention of BFD Farm by the husband and the costs award were within his legitimate discretion, supported by the evidence and the law. There was no real prospect of success for the appeal on either ground.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused on both grounds (BFD Farm and costs)