Family Law Hub

Andreewitch v Moutreuil [2020] EWCA Civ 382

The parties had been in dispute about the beneficial ownership of a valuable property. The former husband sought permission to appeal from findings of fact made in contempt of court proceedings. He contended that despite being an unrepresented litigant he had given evidence without being informed of his right to silence. Peter Jackson LJ found that the court could not be satisfied that no injustice had occurred. If the husband had been informed that he was not obliged to give evidence, he might not have done so. This was a procedural irregularity serious enough to justify the granting of permission to appeal, and the appeal should be allowed. Popplewell LJ agreed.


Published: 17/03/2020

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