Rose v Sugarman

Rose v Sugarman

The appeal against the Decree Nisi was dismissed as it was out of time and overtaken by the making of the Decree Absolute. The appeal against the committal order was allowed to the extent that the suspended committal order was discharged, as compliance had been achieved and no further action was sought.

Parties
Appellant: Rose; Respondent: Sugarman
Jurisdiction
England and Wales
Judgment Date
01 November 2007
Procedural Posture
Civil Appeal / Appeal From Brighton County Court
Outcome
Application refused; Appeal allowed in part
Legal Topics
Divorce, Committal for Contempt, Appeal Procedure
Family Law Civil Procedure Divorce Committal for Contempt Appeal Procedure

Case Brief

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Parties

Rose

Appellant

Sugarman

Respondent

Procedural Posture

Civil Appeal / Appeal From Brighton County Court

Legal Issues

  1. 1 Whether the appeal against the Decree Nisi is competent given the decree has been made absolute
  2. 2 Whether the committal order for failure to comply with discovery obligations should be discharged

Ratio Decidendi

The appeal against the Decree Nisi was dismissed as it was out of time and overtaken by the making of the Decree Absolute. The appeal against the committal order was allowed to the extent that the suspended committal order was discharged, as compliance had been achieved and no further action was sought.

Court Disposition

Application refused; Appeal allowed in part

Orders

  • Appeal against Decree Nisi dismissed
  • Suspended committal order discharged