Maskell v Maskell [2001] EWCA Civ 858 (8 May 2001)

Maskell v Maskell [2001] EWCA Civ 858 (8 May 2001)

The Circuit Judge erred by equating pension value with present capital, failing to compare like with like, and thus the refusal to grant permission to appeal out of time was set aside. The applicant is granted permission to appeal out of time and the matter is remitted for further consideration.

Source-derived case information.

Citation
[2001] EWCA Civ 858
Parties
Respondent/petitioner: Carol Linda Maskell; Applicant: Trevor John Maskell
Jurisdiction
England and Wales
Judgment Date
08 May 2001
Procedural Posture
Family Law Ancillary Relief / Application for Permission to Appeal Out of Time and Appeal
Outcome
Appeal allowed; permission to appeal out of time granted; order of Judge O'Brien overturned; subsequent orders to fall away or be stayed; committal application adjourned; parties invited to ADR; notice of appeal to be served within 14 days.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Appeal Procedure, Out of Time Appeal, Pension Valuation, Mediation
Family Law Ancillary Relief Division of Matrimonial Assets Appeal Procedure Out of Time Appeal Pension Valuation Mediation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Carol Linda Maskell

Respondent/petitioner

Trevor John Maskell

Applicant

Procedural Posture

Family Law Ancillary Relief / Application for Permission to Appeal Out of Time and Appeal

Legal Issues

  1. 1 Whether the division of matrimonial assets by the District Judge was just and equitable
  2. 2 Whether the applicant should be granted permission to appeal out of time
  3. 3 Whether a supervening event (loss of employment) justified reopening the order under Barder principles

Ratio Decidendi

The Circuit Judge erred by equating pension value with present capital, failing to compare like with like, and thus the refusal to grant permission to appeal out of time was set aside. The applicant is granted permission to appeal out of time and the matter is remitted for further consideration.

Court Disposition

Appeal allowed; permission to appeal out of time granted; order of Judge O'Brien overturned; subsequent orders to fall away or be stayed; committal application adjourned; parties invited to ADR; notice of appeal to be served within 14 days.

Orders

  • Permission to appeal out of time granted
  • Order of Judge O'Brien overturned