Cart v Cart

Cart v Cart

The Court of Appeal has no jurisdiction to entertain an appeal against the refusal of permission to appeal out of time by HHJ Marston, and even if jurisdiction existed, neither the alleged Barder event nor the claim of material non-disclosure provided any real prospect of success or compelling reason for appeal.

Parties
Applicant: Mr Cart; Respondent: Mrs Cart
Jurisdiction
England and Wales
Judgment Date
07 August 2013
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Post County Court Decision
Outcome
Permission to appeal refused; application dismissed.
Legal Topics
Ancillary Relief, Appeals, Non Disclosure, Barder Principle, Child Support
Family Law Civil Procedure Ancillary Relief Appeals Non Disclosure Barder Principle Child Support

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Parties

Mr Cart

Applicant

Mrs Cart

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Post County Court Decision

Legal Issues

  1. 1 Whether a Barder event occurred to justify setting aside the ancillary relief order
  2. 2 Whether material non-disclosure by Mrs Cart warranted setting aside the order
  3. 3 Jurisdiction of the Court of Appeal to entertain an appeal against refusal of permission to appeal out of time

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an appeal against the refusal of permission to appeal out of time by HHJ Marston, and even if jurisdiction existed, neither the alleged Barder event nor the claim of material non-disclosure provided any real prospect of success or compelling reason for appeal.

Court Disposition

Permission to appeal refused; application dismissed.

Orders

  • Application for permission to appeal against refusal to grant permission to appeal out of time is declined.
  • Application for permission to appeal against refusal to set aside the order for non-disclosure is refused.