Farargy v Farargy

Farargy v Farargy

Permission to appeal is refused as a matter of discretion and proportionality, despite technical validity in the criticism, because the order has had no practical effect, all issues will be resolved at final hearing, and further litigation would be disproportionate and wasteful.

Source-derived case information.

Parties
Appellant: Nael El Farargy; Respondent: Wendy El Farargy
Jurisdiction
England and Wales
Judgment Date
06 December 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Ancillary Relief, Maintenance Pending Suit, Jurisdiction of Court, Enforcement of Agreements
Family Law Ancillary Relief Maintenance Pending Suit Jurisdiction of Court Enforcement of Agreements

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nael El Farargy

Appellant

Wendy El Farargy

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge had jurisdiction to make the order enforcing the April agreement for interim provision
  2. 2 Whether permission to appeal should be granted given the context and proportionality

Ratio Decidendi

Permission to appeal is refused as a matter of discretion and proportionality, despite technical validity in the criticism, because the order has had no practical effect, all issues will be resolved at final hearing, and further litigation would be disproportionate and wasteful.

Court Disposition

permission to appeal refused

Orders

  • Respondent's costs ordered