P-S v C [2006] JLR 463 (09 October 2006)

P-S v C [2006] JLR 463 (09 October 2006)

Leave to appeal out of time may be granted if new events or material non-disclosure are established, but the application must be made promptly; a six-month delay between intention to challenge and application may be excessive.

Citation
[2006] JLR 463
Parties
Applicant: P-S; Respondent: C
Jurisdiction
Jersey
Judgment Date
09 October 2006
Procedural Posture
Family Law Financial Provision Appeal / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time may be refused if the application is not made promptly; a six-month delay may be excessive.
Legal Topics
Financial Provision, Appeals, Leave to Appeal Out of Time, Material Non Disclosure
Family Law Financial Provision Appeals Leave to Appeal Out of Time Material Non Disclosure

Case Brief

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Parties

P-S

Applicant

C

Respondent

Procedural Posture

Family Law Financial Provision Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted in financial provision proceedings
  2. 2 Whether new events or material non-disclosure justify extension of time

Ratio Decidendi

Leave to appeal out of time may be granted if new events or material non-disclosure are established, but the application must be made promptly; a six-month delay between intention to challenge and application may be excessive.

Court Disposition

Leave to appeal out of time may be refused if the application is not made promptly; a six-month delay may be excessive.