Binder v Binder [2000] EWCA Civ 412 (28 July 2000)

Permission to appeal was refused due to excessive delay without good reason and lack of merit; the welfare of the wife and children required continued exclusion of Mr Binder from the property.

Citation: [2000] EWCA Civ 412
Parties: Applicant: Mr Binder; Respondent: Mrs Binder
Jurisdiction: England and Wales
Judgment Date: 28 July 2000
Procedural Posture: Application for Permission to Appeal and Extension of Time / Court of Appeal (civil Division)
Outcome: Application dismissed
Legal Topics: Ancillary Relief, Occupation Order, Injunction, Appeal Procedure, Extension of Time

Family Law Ancillary Relief Occupation Order Injunction Appeal Procedure Extension of Time

Case Brief

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Parties

Mr Binder

Applicant

Mrs Binder

Respondent

Procedural Posture

Application for Permission to Appeal and Extension of Time / Court of Appeal (civil Division)

Legal Issues

1 Whether permission to appeal should be granted out of time against an occupation order
2 Whether an injunction restraining the applicant from entering the matrimonial home should be continued

Ratio Decidendi

Permission to appeal was refused due to excessive delay without good reason and lack of merit; the welfare of the wife and children required continued exclusion of Mr Binder from the property.

Court Disposition

Application dismissed

Orders

Injunction restraining Mr Binder from entering or approaching within 100 metres of the former matrimonial home, to remain in force until further order