N v N [2011] EWCA Civ 940 (30 June 2011)

N v N [2011] EWCA Civ 940 (30 June 2011)

The circuit judge erred by exceeding the limited appellate function, improperly admitting fresh evidence and substituting his own discretion for that of the District Judge without finding the original decision plainly wrong or misdirected in law. The original order should be restored.

Citation
[2011] EWCA Civ 940
Parties
Appellant: N; Respondent: N
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Appeal (ancillary Relief / Financial Remedy) / Second Appeal to Court of Appeal From County Court
Outcome
Appeal allowed; order of HHJ Rylance set aside; order of District Judge Raeside restored.
Legal Topics
Ancillary Relief, Periodical Payments, Appellate Review, Variation of Maintenance Orders
Family Law Ancillary Relief Periodical Payments Appellate Review Variation of Maintenance Orders

Case Brief

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Parties

N

Appellant

N

Respondent

Procedural Posture

Appeal (ancillary Relief / Financial Remedy) / Second Appeal to Court of Appeal From County Court

Legal Issues

  1. 1 Whether the circuit judge on appeal erred by substituting his own discretion for that of the District Judge in varying a periodical payments order
  2. 2 Whether the appellate function was exceeded by admitting fresh evidence and making new findings inconsistent with the original judge

Ratio Decidendi

The circuit judge erred by exceeding the limited appellate function, improperly admitting fresh evidence and substituting his own discretion for that of the District Judge without finding the original decision plainly wrong or misdirected in law. The original order should be restored.

Court Disposition

Appeal allowed; order of HHJ Rylance set aside; order of District Judge Raeside restored.

Orders

  • Application for permission to appeal granted
  • Appeal allowed