Price v Price

Price v Price

The appeal was allowed because the lower courts erred in refusing Mr Price a fair opportunity to give oral evidence on whether he posted his answer, and exercised their discretion on a wrong basis by assuming the answer was not posted without resolving the factual dispute. The matter was remitted for rehearing before a district judge, applying both Rule 4.6 FPR 2010 and the relevant case law.

Parties
Petitioner: Mrs Price; Respondent: Mr Price
Jurisdiction
England and Wales
Judgment Date
21 May 2014
Procedural Posture
Divorce Petition / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; matter remitted for rehearing before a district judge.
Legal Topics
Divorce, Relief From Sanctions, Late Filing of Answer, Setting Aside Decree Nisi, Procedural Fairness
Family Law Civil Procedure Divorce Relief From Sanctions Late Filing of Answer Setting Aside Decree Nisi Procedural Fairness

Case Brief

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Parties

Mrs Price

Petitioner

Mr Price

Respondent

Procedural Posture

Divorce Petition / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the respondent should be granted leave to file an answer out of time in divorce proceedings
  2. 2 Whether the district judge and circuit judge erred in refusing to set aside the registrar’s certificate and decree nisi
  3. 3 Whether the respondent was denied procedural fairness by not being allowed to give oral evidence on posting the answer

Ratio Decidendi

The appeal was allowed because the lower courts erred in refusing Mr Price a fair opportunity to give oral evidence on whether he posted his answer, and exercised their discretion on a wrong basis by assuming the answer was not posted without resolving the factual dispute. The matter was remitted for rehearing before a district judge, applying both Rule 4.6 FPR 2010 and the relevant case law.

Court Disposition

Appeal allowed; matter remitted for rehearing before a district judge.

Orders

  • The appeal is allowed.
  • The question of whether the certificate should be set aside and leave to file an answer given is remitted to the county court for rehearing before a district judge.