X v Y [2014] EWCA Civ 1465 (11 September 2014)

X v Y [2014] EWCA Civ 1465 (11 September 2014)

The judge's refusal to permit intervention was a proper exercise of case management discretion, given the applicant's inadequately explained delay and her tenuous and remote interest in the proceedings. The applicant failed to demonstrate a real prospect of success on appeal or any error of law by the judge.

Citation
[2014] EWCA Civ 1465
Parties
Appellant: X; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
11 September 2014
Procedural Posture
Application for Permission to Appeal / Oral Renewal of Application for Permission to Appeal From Refusal to Permit Intervention in Ancillary Relief Proceedings
Outcome
Application for permission to appeal dismissed
Legal Topics
Intervention in Proceedings, Case Management Discretion, Ancillary Relief, Trusts and Beneficial Interests
Family Law Civil Procedure Intervention in Proceedings Case Management Discretion Ancillary Relief Trusts and Beneficial Interests

Case Brief

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Parties

X

Appellant

Y

Respondent

Procedural Posture

Application for Permission to Appeal / Oral Renewal of Application for Permission to Appeal From Refusal to Permit Intervention in Ancillary Relief Proceedings

Legal Issues

  1. 1 Whether the applicant should be permitted to intervene in ancillary relief proceedings after the deadline
  2. 2 Whether the applicant's interest in the proceedings is sufficient to justify intervention
  3. 3 Whether the judge erred in exercising case management discretion to refuse intervention

Ratio Decidendi

The judge's refusal to permit intervention was a proper exercise of case management discretion, given the applicant's inadequately explained delay and her tenuous and remote interest in the proceedings. The applicant failed to demonstrate a real prospect of success on appeal or any error of law by the judge.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Transcript of judgment to be made available and anonymised if necessary before public dissemination