Thomas v Thomas [2002] EWCA Civ 1404 (11 September 2002)

Thomas v Thomas [2002] EWCA Civ 1404 (11 September 2002)

There was no material non-disclosure by the wife regarding her inheritance as it was not a resource likely to become available in the foreseeable future at the time of the ancillary relief proceedings. The lower courts' findings on asset division and valuation were based on available evidence and did not warrant interference. The application to rehear the ancillary relief proceedings was dismissed. The application to appeal on the basis of fresh evidence regarding the inheritance was adjourned for consideration on limited points under Barder v Barder principles.

Citation
[2002] EWCA Civ 1404
Parties
Applicant: Michael Thomas; Defendant: Margaret Thomas
Jurisdiction
England and Wales
Judgment Date
11 September 2002
Procedural Posture
Appeal / Application for Permission to Appeal and Related Applications
Outcome
Application to rehear ancillary relief dismissed; application for permission to appeal on fresh evidence adjourned for limited consideration; costs to be costs in the application.
Legal Topics
Ancillary Relief, Non Disclosure, Inheritance, Appeal Procedure, Barder Events
Family Law Ancillary Relief Non Disclosure Inheritance Appeal Procedure Barder Events

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Parties

Michael Thomas

Applicant

Margaret Thomas

Defendant

Procedural Posture

Appeal / Application for Permission to Appeal and Related Applications

Legal Issues

  1. 1 Whether the wife's inheritance constituted a resource that should have been disclosed in ancillary relief proceedings
  2. 2 Whether there was material non-disclosure justifying a rehearing
  3. 3 Whether the husband's appeal constituted a second appeal under CPR 52

Ratio Decidendi

There was no material non-disclosure by the wife regarding her inheritance as it was not a resource likely to become available in the foreseeable future at the time of the ancillary relief proceedings. The lower courts' findings on asset division and valuation were based on available evidence and did not warrant interference. The application to rehear the ancillary relief proceedings was dismissed. The application to appeal on the basis of fresh evidence regarding the inheritance was adjourned for consideration on limited points under Barder v Barder principles.

Court Disposition

Application to rehear ancillary relief dismissed; application for permission to appeal on fresh evidence adjourned for limited consideration; costs to be costs in the application.

Orders

  • Application to rehear ancillary relief proceedings dismissed
  • Permission to appeal on fresh evidence adjourned for hearing on limited Barder points