Assoun v Assoun [No. 2] [2017] EWCA Civ 179

28 March 2017

Consideration of whether permission should be granted to re-open an appeal (to amend Grounds of Appeal) after judgment had been circulated but not handed down formally: Part II

Facts:

  • After judgment had been circulated in Assoun v Assoun [No. 1] [2017] EWCA Civ 21, but prior to it being handed down officially, H sought permission to amend his Grounds of Appeal and to adduce fresh evidence upon which he sought to rely.
  • The parties were ordered to file further written submissions, in which H argued inter alia that the Court had relied on mistaken factual material, such that the Court’s analysis of the Hadkinson principles were erroneous.

Held:

  • Permission was refused.
  • There had been no error of fact as HHJ Brasse’s factual conclusions were based on material to which he was entitled to have regard, and to which he was referred.
  • H had provided no new material which would have produced a different conclusion regarding his financial disclosure.
  • H’s appeal had provided the opportunity for scrutiny and for both parties to respond to any issues about which they disagreed.