Arif Hussain v Saima Hussain
Jurisdiction | England & Wales |
Judge | Mr Justice Cohen |
Judgment Date | 03 February 2021 |
Neutral Citation | [2021] EWFC 13 |
Docket Number | Nos. 2019/0053 & BV16D22276 |
Court | Family Court |
Date | 03 February 2021 |
[2021] EWFC 13
IN THE FAMILY COURT SITTING
AT THE ROYAL COURTS OF JUSTICE
On appeal from the Central Family Court
Royal Courts of Justice
Strand
London, WC2A 2LL
Mr Justice Cohen
Nos. 2019/0053 & BV16D22276
Mr S. Kumar (Counsel) appeared on behalf of the Applicant Husband.
Mr P. Squire (Counsel) appeared on behalf of the Respondent Wife.
I am today dealing with an application by Mr Hussain, the former husband (“the husband”), for permission to appeal out of time an order made in financial remedy proceedings by HHJ Hess in the Central Family Court as long ago as 24 January 2018. A notice of appeal was not filed until a date in March 2019, and so this application is massively out of time. I do not regard the husband's reasons or explanation for the delay as satisfactory and I would have unhesitatingly dismissed this application, but for one matter.
In her Form E, Mrs Hussain, the former wife (“the wife”), described the matrimonial home in Slough as being worth £250,000 and subject to a mortgage of £100,000. The husband did not file a Form E and did not engage in the proceedings, so her assertion went unchallenged. The order of the judge provided for a clean break upon payment of a lump sum of £125,000, being nearly all the assumed equity, with a sale in default of that sum being produced.
In May 2019, the husband did file a Form E in support of his appeal, long after the proceedings had finished, in which he asserted that the mortgage was just under £200,000, and indeed he has produced documentary evidence which shows that four months after...
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