Francis v Francis

Francis v Francis

Permission to appeal is granted on the ground that the High Court judge may have erred in refusing to rehear evidence on updated property valuations, potentially resulting in an outcome contrary to the intention of the original order. Permission is refused on other grounds, including the treatment of pre-marital assets and the pre-nuptial contract.

Parties
Applicant: Martin Francis; Respondent: Dagmar Ursula Helene Francis
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Family Law Ancillary Relief / Application for Permission to Appeal (second Appeal)
Outcome
Application allowed in part
Legal Topics
Ancillary Relief, Appeals, Division of Assets, Pre Nuptial Agreements
Family Law Ancillary Relief Appeals Division of Assets Pre Nuptial Agreements

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Parties

Martin Francis

Applicant

Dagmar Ursula Helene Francis

Respondent

Procedural Posture

Family Law Ancillary Relief / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the High Court judge erred in refusing to rehear evidence on updated property valuations in ancillary relief proceedings
  2. 2 Whether the principles in Barder v Caluori apply to timely appeals in ancillary relief
  3. 3 Whether the district judge's allowance for pre-marital assets was appropriate

Ratio Decidendi

Permission to appeal is granted on the ground that the High Court judge may have erred in refusing to rehear evidence on updated property valuations, potentially resulting in an outcome contrary to the intention of the original order. Permission is refused on other grounds, including the treatment of pre-marital assets and the pre-nuptial contract.

Court Disposition

Application allowed in part

Orders

  • Permission to appeal granted on ground 3 (treatment of updated property valuations)
  • Permission to appeal refused on other grounds