Gill v Draper

Gill v Draper

The application for permission to appeal was refused because the judge's findings on irretrievable breakdown and conduct were clear, no procedural errors were substantiated, and no misdirection in law or principle was disclosed.

Parties
Applicant: Mr Draper; Respondent: Gill
Jurisdiction
England and Wales
Judgment Date
15 January 2013
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Conduct, Procedural Fairness
Family Law Divorce Irretrievable Breakdown of Marriage Conduct Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Draper

Applicant

Gill

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in finding irretrievable breakdown of marriage
  2. 2 Whether the judge erred in finding conduct making it unreasonable for petitioner to remain married
  3. 3 Whether procedural errors occurred in the trial

Ratio Decidendi

The application for permission to appeal was refused because the judge's findings on irretrievable breakdown and conduct were clear, no procedural errors were substantiated, and no misdirection in law or principle was disclosed.

Court Disposition

application refused

Orders

  • application for permission to appeal is refused