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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Cordle v Cordle [2001] EWCA Civ 1791 (15 November 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1791.html Cite as: [2002] 1 FCR 97, [2002] 1 WLR 1441, [2001] EWCA Civ 1791, [2002] 1 FLR 207, [2002] Fam Law 174, [2002] WLR 1441 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM SHEFFIELD COUNTY COURT
(Her Honour Judge Davies)
Strand London WC2 |
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B e f o r e :
(Dame Elizabeth Butler-Sloss)
LORD JUSTICE THORPE
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BEVERLEY ANN CORDLE | ||
Petitioner/Respondent | ||
- v - | ||
SIDNEY CLIFFORD CORDLE | ||
Respondent/Applicant |
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Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040
Official Shorthand Writers to the Court)
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Crown Copyright ©
"The petitioner will clearly have the major part of the financial burden in bringing up the children. Her immediate and future needs therefore exceed that of the respondent. I am aware that he may be setting up home elsewhere and that he may take on additional responsibilities. It is settled that he takes any second family subject to the needs of his first. In any event the order I make will be sufficient for him to re-establish himself."
"There is also the issue of preserving some security for the children whilst they remain dependent. It seems to me that as I cannot make a periodical payments order for them the best I can do is to make provision from the respondent's pension for them."
"The husband has told me about his financial circumstances and although he tells me that he would be prepared to pay the sum of £300 per month for these growing three teenage girls. I am satisfied that is not sufficient by way of contribution but more significantly I am not satisfied that there is any real prospect of his contribution even at that level. So far as his contribution hitherto is concerned, that has been in relation to the mortgage and household bills and because the mortgage has enhanced the value of the property and maintained an equity from which he will benefit, I am not convinced that he has properly maintained the girls in the time leading up to this hearing. The burden of that has fallen on the shoulders of the wife."
"The order that was made by the District Judge failed adequately to deal with [the wife's] needs and in particular the finding that I have adopted that she will have the major part of the financial burden in bringing up these children."
"In addition to the matters to which I have referred, the husband has accepted that he has had the proceeds of another policy in the sum of £18,000."
"(1) Every appeal will be limited to a review of the decision of the lower court unless-
(a) a Practice Direction makes different provision for a particular category of appeal; or
(b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.
(2) Unless it orders otherwise, the appeal court will not receive-
(a) oral evidence; or
(b) evidence which was not before the lower court."