Louize Neely and Karl Neely
Jurisdiction | Northern Ireland |
Judge | Rooney J |
Neutral Citation | [2023] NIFam 2 |
Date | 10 January 2023 |
Court | Family Division (Northern Ireland) |
Neutral Citation No: [2023] NIFam 2
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: ROO12026
ICOS No:
Delivered: 10/01/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
FAMILY DIVISION
MATRIMONIAL OFFICE
___________
Between:
LOUIZE NEELY
Appellant:
and
KARL NEELY
Respondent:
___________
Ms Jackie Simpson KC and Ms Lisa Jennings BL (instructed by Francis Hanna & Co,
Solicitors) for the Appellant
Mr Frank O’Donoghue KC and Ms Melanie Rice BL (instructed by Thompson Crooks,
Solicitors) for the Respondent
___________
ROONEY J
Introduction
[1] The appellant wife (hereinafter “the wife”) and the respondent husband
(hereinafter “the husband”) separated on 14 April 2014. Pursuant to the provisions
of the Matrimonial Causes (Northern Ireland) Order 1978, the wife issued an
application for ancillary relief.
[2] At the contested ancillary relief proceedings before Master Bell, both parties
gave evidence. In a detailed written judgment which analysed the facts, the relevant
statutory provisions and the applicable case law, Master Bell gave his decision
relating to the fair division of the matrimonial assets. Master Bell’s decision was
delivered on 12 November 2018 (see N v N [2018] NI Master 11).
[3] The matter comes before this court as an appeal from the said decision of
Master Bell. Whether the appeal is governed by Order 55 or Order 58 of the Rules of
the Court of Judicature (Northern Ireland) 1980 (hereinafter “RsCJ”) will be
considered in more detail below. The substance of the appeal, according to the wife,
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