McHugh v McHugh [2014] EWCA Civ 1671 (02 December 2014)

McHugh v McHugh [2014] EWCA Civ 1671 (02 December 2014)

The Court of Appeal has no jurisdiction to hear an appeal on a ground for which permission to appeal was not granted by the lower court following an oral hearing; any purported grant of permission by a single Lord Justice on such a ground is without power and must be set aside.

Citation
[2014] EWCA Civ 1671
Parties
Appellant: Tom McHugh; Respondent: Rachel McHugh
Jurisdiction
England and Wales
Judgment Date
02 December 2014
Procedural Posture
Appeal / Court of Appeal Judgment on Jurisdiction to Hear Appeal
Outcome
Appeal dismissed for want of jurisdiction; grant of permission to appeal set aside.
Legal Topics
Appeals, Jurisdiction, Permission to Appeal, Financial Remedy, Disclosure
Family Law Civil Procedure Appeals Jurisdiction Permission to Appeal Financial Remedy Disclosure

Case Brief

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Parties

Tom McHugh

Appellant

Rachel McHugh

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Jurisdiction to Hear Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal on a ground for which permission was not granted by the lower court
  2. 2 Whether permission to appeal can be broadened beyond the grounds specified by the lower court

Ratio Decidendi

The Court of Appeal has no jurisdiction to hear an appeal on a ground for which permission to appeal was not granted by the lower court following an oral hearing; any purported grant of permission by a single Lord Justice on such a ground is without power and must be set aside.

Court Disposition

Appeal dismissed for want of jurisdiction; grant of permission to appeal set aside.

Orders

  • Set aside the grant of permission to appeal on the 'no sworn evidence' ground.