The wife had not appeared at the ancillary relief application hearing. The court transferred all the assets to the husband. After some further delay, she appealed.
Held: The district judge had himself acknowledged that the order was impermissible. The delay had led to the disappearance of further documents, but the court should not have made an order it knew to be wrong. He should not misuse his power to bring a recalcitrant party to court by making an order he knew to be unfair.
Lord Justice Thorpe and Lord Justice Wall
Times 30-Apr-2008, [2008] EWCA Civ 350
Bailii
England and Wales
Family
Updated: 12 November 2021; Ref: scu.269703