N v N

N v N

The appellate judge erred by substituting his own discretion for that of the District Judge without finding a misdirection in law or a plainly wrong decision, and by admitting new evidence and arguments not properly before him. The original order of the District Judge should be restored.

Parties
Appellant: N; Respondent: N
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Family Law Appeal / Second Appeal From County Court Decision on Variation of Periodical Payments Order
Outcome
Appeal allowed
Legal Topics
Ancillary Relief, Periodical Payments, Appellate Review, Variation of Maintenance Orders
Family Law Ancillary Relief Periodical Payments Appellate Review Variation of Maintenance Orders

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Parties

N

Appellant

N

Respondent

Procedural Posture

Family Law Appeal / Second Appeal From County Court Decision on Variation of Periodical Payments Order

Legal Issues

  1. 1 Whether the appellate judge (HHJ Rylance) erred in interfering with the District Judge's discretionary decision on periodical payments
  2. 2 Whether the appellate judge misapplied the principles governing appellate review in ancillary relief cases

Ratio Decidendi

The appellate judge erred by substituting his own discretion for that of the District Judge without finding a misdirection in law or a plainly wrong decision, and by admitting new evidence and arguments not properly before him. The original order of the District Judge should be restored.

Court Disposition

Appeal allowed

Orders

  • Application for permission to appeal granted
  • Order of HHJ Rylance set aside