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08 JUL 2010

ANCILLARY RELIEF: Francis v Francis [2010] EWCA Civ 182

(Court of Appeal; Wilson LJ; 9 February 2010)

The husband appealed the district judge's decision as the property values were significantly out of date, but up-to-date valuations were available.  The high court judge refused to conduct a rehearing, partly on basis that the drop in property prices was not a Barder event. Permission to appeal was granted on that basis alone.

The high court judgments raised an important question about nature of ‘rehearing' of ancillary relief proceedings and whether in respect of a timely appeal from a district judge to a high court judge, the principles of Barder v Caluori applied.


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