Summary
Permission for a second-tier appeal requires an important point of principle or practice, or another compelling reason. In ancillary-relief appeals, interference requires procedural irregularity, reliance on irrelevant matters, failure to consider relevant matters, or a plainly wrong conclusion. Fresh evidence is not admitted merely to enable a rehearing or to investigate matters that could have been raised below. Sympathy for a litigant or disagreement with the result does not itself justify a further appeal.
Factual background
A district judge dismissed the wife’s ancillary-relief claims. On appeal, Her Honour Judge Carr held that the district judge had not acted irregularly or reached a plainly wrong conclusion. She applied the Court of Appeal’s intervening decision in Cordle v Cordle, which had reconsidered Marsh v Marsh and restricted appeals from district judges.
The wife, acting in person, sought permission for a second-tier appeal, alleging procedural unfairness, defective financial disclosure, and failure to apply White v White.
Held
- Application refused. The proposed appeal raised no important point of principle or practice and disclosed no other compelling reason for the Court of Appeal to hear it.
- The circuit judge was correct to apply Cordle v Cordle. An appeal from a district judge in ancillary relief should succeed only for procedural irregularity, reliance on irrelevant matters, failure to consider relevant matters, or a plainly wrong conclusion. The appellate judge must not substitute a different exercise of discretion.
- Fresh evidence should not be admitted simply to permit a rehearing or to investigate matters which could properly have been raised before the district judge. CPR 52(11) supported that approach.
- Marsh v Marsh, which permitted a more liberal reconsideration, including further evidence and oral evidence, had been disapproved in Cordle v Cordle. The Cordle approach was binding procedural guidance.
- The court found no basis for concluding that the wife had been denied a fair hearing under Article 6 of the European Convention on Human Rights. Nor was there substance in the argument that White v White had not been applied.
- The circuit judge’s comments that she might have awarded money under the former approach were unhelpful, but did not invalidate her decision.
Order: application refused. No order as to costs.
The court’s approach to earlier authorities
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Appellate history
- Sheffield County Court: District Judge Hill dismissed the wife’s ancillary-relief claims.
- Sheffield County Court on appeal: Her Honour Judge Carr upheld the result, applying Cordle v Cordle.
- Court of Appeal (Civil Division): Permission for a second-tier appeal was refused. No order as to costs.
Appeal route
- Appealed fromNot stated in the judgmentThis appealapplication refused
- This judgment [2002] EWCA Civ 580 Court of Appeal (Civil Division)
Key cases cited
3 authorities cited.
- Cordle v Cordle
- Marsh v Marsh
- White v White
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Cases citing this case
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