Source: All England Reporter
Publisher Citation: [2011] All ER (D) 218 (Jan)
Neutral Citation: [2011] EWCA Civ 39
Court: Court of Appeal, Civil Division

Thorpe, Hooper and Hughes LJJ

Representation Barry Singleton QC and Christopher Lundie (instructed by Irwin Mitchell LLP) for the wife.
  Charles Howard QC and Julian Wilson (instructed by Stewarts Law LLP) for the husband.
Judgment Dates: 28 January 2011


Family proceedings - Jurisdiction - Divorce proceedings - Joinder of third party company to divorce proceedings - Wife claiming company being a sham - Issue arising as to husband's control and interest in company - Whether joinder amounting to civil proceedings or family proceedings.

The Case

Family proceedings Jurisdiction. The Court of Appeal, Civil Division, held that the judge had been right to hold that the companies' application to set aside a joinder in ancillary relief proceedings were family proceedings and therefore not governed by the Civil Procedure Rules.

Practice Areas

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