Dracup v Dracup [2002] EWCA Civ 1311 (29 July 2002)

Dracup v Dracup [2002] EWCA Civ 1311 (29 July 2002)

The application for permission to appeal is adjourned to allow the applicant one final opportunity to obtain pro bono representation, given procedural delays and potential prejudice; difficulties with mortgagees should be addressed by application to the court under the existing order.

Citation
[2002] EWCA Civ 1311
Parties
Petitioner/respondent: Margaret Joyce Dracup; Respondent/applicant: Keith Terence Dracup
Jurisdiction
England and Wales
Judgment Date
29 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal adjourned
Legal Topics
Property Division, Mortgage Liability, Appeal Procedure
Family Law Property Division Mortgage Liability Appeal Procedure

Case Brief

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Parties

Margaret Joyce Dracup

Petitioner/respondent

Keith Terence Dracup

Respondent/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the order for property division and reciprocal mortgage releases was appropriate
  2. 2 Whether delays in obtaining transcripts prejudiced the applicant's representation
  3. 3 Whether difficulties with mortgagees affect implementation of the order

Ratio Decidendi

The application for permission to appeal is adjourned to allow the applicant one final opportunity to obtain pro bono representation, given procedural delays and potential prejudice; difficulties with mortgagees should be addressed by application to the court under the existing order.

Court Disposition

application for permission to appeal adjourned

Orders

  • application adjourned to September for pro bono representation
  • transcript of judgment to be provided to applicant at public expense