Zuk v Zuk

An appellate court may adjourn an appeal where substantial procedural grounds are raised at the hearing and require proper formulation and service. Where the issues have general application and the respondent is unlikely to participate, the court should arrange assistance from an amicus curiae or equivalent advocate. The court may also give directions for a respondent’s position statement and for any application to adduce additional evidence.

The appellant husband appealed from Sheffield County Court before His Honour Judge Carr QC. At the hearing, newly instructed counsel sought to raise procedural points concerning the statutory basis for imprisonment, the form and service of the application, and compliance with part 33 of the Family Procedure Rules and its practice direction. The respondent wife was absent and unrepresented. The central issue was how the appeal should proceed so that the new points could be properly formulated, served and argued.

1. Adjournment. Lord Justice Thorpe gave the substantive reasons. Counsel for the appellant sought to advance points which had not been included in the existing grounds of appeal or skeleton argument. The proposed points concerned whether the proper procedure was under the Debtors Act, including the alleged limits on imprisonment, whether the application at page A28 was proper, whether personal service had been effected at least 14 days before the return date, and whether the process complied with part 33 of the Family Procedure Rules and its practice direction.
2. The Court of Appeal granted an adjournment so that the appellant could amend the grounds of appeal and file a supplemental skeleton argument within seven days. Those documents were to be served on the respondent.
3. Because the procedural issues were said to be of general application, and because the respondent had little apparent interest in the continuing appeal, the court considered it essential to obtain assistance from an amicus curiae if she did not respond. The respondent was directed to file a position statement within 28 days of service if she intended to oppose the adjourned appeal.
4. The papers were to be returned to Lord Justice Thorpe six weeks after filing of the amended documents. Any additional evidence was to be sought by an application filed within seven days. Costs were reserved.

The formal order was that the application be adjourned.

• Court of Appeal (Civil Division): The application was adjourned to permit amended grounds, further written argument, service on the respondent and possible assistance from an amicus curiae.
• Sheffield County Court (His Honour Judge Carr QC): Decision under appeal. No citation or further details of the underlying order are stated in the judgment.