Stocker v Stocker

Stocker v Stocker

The applicant failed to demonstrate any misdirection in law, failure to consider material facts, or an unreasonable conclusion by the trial judge. The judge's decision was within his discretion and based on the parties' agreement. There was no real prospect of success in the appeal.

Parties
Applicant: Stocker; Respondent: Stocker
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Family / Renewed Application for Permission to Appeal Out of Time
Outcome
application refused
Legal Topics
Financial Relief, Division of Matrimonial Assets, Appeal Out of Time, Discretion of Trial Judge
Family Law Financial Relief Division of Matrimonial Assets Appeal Out of Time Discretion of Trial Judge

Case Brief

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Parties

Stocker

Applicant

Stocker

Respondent

Procedural Posture

Family / Renewed Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the trial judge erred in the division of matrimonial assets
  2. 2 Whether there was a misdirection in law or failure to consider material facts
  3. 3 Whether permission to appeal out of time should be granted

Ratio Decidendi

The applicant failed to demonstrate any misdirection in law, failure to consider material facts, or an unreasonable conclusion by the trial judge. The judge's decision was within his discretion and based on the parties' agreement. There was no real prospect of success in the appeal.

Court Disposition

application refused

Orders

  • Renewed application for permission to appeal out of time is dismissed.