Mulder v Mason [1995] EWCA Civ 7 (5th December, 1995)

Mulder v Mason [1995] EWCA Civ 7 (5th December, 1995)

The application was dismissed because Judge Wilcox exercised his discretion properly, the claim was inherently connected to the matrimonial proceedings, and there was no realistic prospect of success on appeal.

Source-derived case information.

Citation
[1995] EWCA Civ 7
Parties
Plaintiff/applicant: Mr Mulder; Defendant/respondent: Ms Mason
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Stay of Execution
Outcome
application dismissed
Legal Topics
Matrimonial Property, Breach of Contract, Breach of Trust, Costs, Transfer of Proceedings
Family Law Civil Procedure Matrimonial Property Breach of Contract Breach of Trust Costs Transfer of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Mulder

Plaintiff/applicant

Ms Mason

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether the plaintiff's claim was independent of matrimonial proceedings
  2. 2 Whether Judge Wilcox exercised his discretion properly in imposing a condition for payment into court
  3. 3 Whether the transfer to Guildford County Court and assignment to District Judge Enzer was appropriate

Ratio Decidendi

The application was dismissed because Judge Wilcox exercised his discretion properly, the claim was inherently connected to the matrimonial proceedings, and there was no realistic prospect of success on appeal.

Court Disposition

application dismissed

Orders

  • Application for leave to appeal refused
  • Application for stay of execution refused