England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
PRINCIPAL REGISTRY OF THE FAMILY DIVISION
(Mr Justice Charles)

		Royal Courts of Justice Strand London WC2 Tuesday, 30th July 2002

1. LORD JUSTICE CARNWATH:This is an application for permission to appeal against a decision of Mr Justice Charles, who dismissed an appeal against an order of the district judge in family proceedings.
2. The real issue in the case was the financial arrangements to be made between the two parties, in particular the disposition of the house, in which it was accepted that the applicant had a substantial interest. On the other hand, the house was required for the wife and the child of the family to live in.
3. Mr Justice Charles dismissed the appeal, applying the approach recently confirmed by the Court of Appeal in Cordle v Cordle [2002] 1 FLR 207, which was that the court should only interfere with the decision of the district judge if he or she took a wrong approach in principle.
4. In this court the applicant faces an even stiffer hurdle, since this is a second appeal and I would therefore need to be satisfied that there was some important point of principle or other compelling reason for the appeal to proceed.
5. I have listened to the applicant today and I have read the papers. I have read his grounds of appeal and his skeleton argument. I am satisfied that they show no reason for interfering with the decision of the judge and, in particular, no point of general importance or one which would justify this court in granting permission to appeal.
6. Accordingly, this application is dismissed.
Order: application for permission to appeal dismissed.