Welch v Welch
The Court of Appeal cannot determine the application for permission to appeal on the merits without a substantive determination by the High Court; the matter is remitted to the Family Division for proper consideration.
- Parties
- Applicant: Vivian Welch; Respondent: Mr Welch
- Jurisdiction
- England and Wales
- Judgment Date
- 03 December 2015
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal; Remittal to Family Division
- Outcome
- Remitted to Family Division; permission applications in Court of Appeal adjourned
- Legal Topics
- Ancillary Relief, Possession Order, Periodical Payments, Recusal, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Vivian Welch
Applicant
Mr Welch
Respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Remittal to Family Division
Legal Issues
- 1 Whether permission to appeal the possession order was substantively determined by the Family Division
- 2 Whether Holman J erred in finding Roberts J had refused permission to appeal
- 3 Whether Holman J failed to address the merits of the possession order and suspension of periodical payments
Ratio Decidendi
The Court of Appeal cannot determine the application for permission to appeal on the merits without a substantive determination by the High Court; the matter is remitted to the Family Division for proper consideration.
Court Disposition
Remitted to Family Division; permission applications in Court of Appeal adjourned
Orders
- Matter remitted to the Family Division for consideration by a judge of that division
- Outstanding permission applications in the Court of Appeal adjourned until resolution in the Family Division
Full Case Text
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