McHugh v McHugh

McHugh v McHugh

The Court of Appeal had no jurisdiction to hear the appeal on the 'no sworn evidence' ground because permission to appeal on that ground had not been granted by the lower court, and a single Lord Justice had no power to grant permission where the statute precluded it.

Parties
Appellant: Tom McHugh; Respondent: Rachel McHugh
Jurisdiction
England and Wales
Judgment Date
02 December 2014
Procedural Posture
Civil Appeal (family/matrimonial) / Second Appeal to Court of Appeal From Circuit Judge's Decision
Outcome
Appeal dismissed for lack of jurisdiction; grant of permission to appeal set aside.
Legal Topics
Appeals, Permission to Appeal, Jurisdiction, Matrimonial Finance
Family Law Civil Procedure Appeals Permission to Appeal Jurisdiction Matrimonial Finance

Case Brief

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Parties

Tom McHugh

Appellant

Rachel McHugh

Respondent

Procedural Posture

Civil Appeal (family/matrimonial) / Second Appeal to Court of Appeal From Circuit Judge's Decision

Legal Issues

  1. 1 Whether the Court of Appeal had jurisdiction to hear an appeal on a ground for which permission was not granted by the lower court
  2. 2 Whether permission to appeal on the 'no sworn evidence' ground was validly granted

Ratio Decidendi

The Court of Appeal had no jurisdiction to hear the appeal on the 'no sworn evidence' ground because permission to appeal on that ground had not been granted by the lower court, and a single Lord Justice had no power to grant permission where the statute precluded it.

Court Disposition

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

Orders

  • The grant of permission to appeal is set aside under CPR Part 52.9(1).