S v S

S v S

The district judge's decision not to transfer BFD Farm to the wife and the costs award were within his legitimate discretion and not plainly wrong. The disparity in costs was sufficiently addressed by the division of assets and the net payment to the wife's costs. No real prospect of success for appeal.

Parties
Applicant: LS; Respondent: JS
Jurisdiction
England and Wales
Judgment Date
25 January 2012
Procedural Posture
Judicial Separation Financial Relief Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Judicial Separation, Financial Relief, Division of Assets, Litigation Misconduct, Costs Awards
Family Law Judicial Separation Financial Relief Division of Assets Litigation Misconduct Costs Awards

Case Brief

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Parties

LS

Applicant

JS

Respondent

Procedural Posture

Judicial Separation Financial Relief Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 whether the district judge erred in not transferring 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 decision not to transfer BFD Farm to the wife and the costs award were within his legitimate discretion and not plainly wrong. The disparity in costs was sufficiently addressed by the division of assets and the net payment to the wife's costs. No real prospect of success for appeal.

Court Disposition

permission to appeal refused