Turner v Turner

Turner v Turner

The circuit judge acted within her jurisdiction under the overriding objective of the Family Proceedings Rules by directing that the matter be reheard by the district judge before any appeal could proceed. The appellant was not deprived of his statutory right of appeal, but was required to obtain a ruling on notice first.

Parties
Appellant: Philip Turner; Respondent: Turner
Jurisdiction
England and Wales
Judgment Date
12 March 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal
Outcome
Application refused
Legal Topics
Ancillary Relief, Appeals, Case Management
Family Law Civil Procedure Ancillary Relief Appeals Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Philip Turner

Appellant

Turner

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the circuit judge had jurisdiction to order the appellant's notice to stand as an application for rehearing by the district judge instead of proceeding with the appeal
  2. 2 Whether the appellant was deprived of his statutory right of appeal under the Family Proceedings Rules

Ratio Decidendi

The circuit judge acted within her jurisdiction under the overriding objective of the Family Proceedings Rules by directing that the matter be reheard by the district judge before any appeal could proceed. The appellant was not deprived of his statutory right of appeal, but was required to obtain a ruling on notice first.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • Matter to proceed before the district judge for a hearing