Young v Young, Court of Appeal - Civil Division, July 14, 1998, [1998] EWCA Civ 1204

Extract

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Young v Young, Court of Appeal - Civil Division, July 14, 1998, [1998] EWCA Civ 1204

IN THE SUPREME COURT OF JUDICATURE CCFMI 97/0698/2

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM PORTSMOUTH COUNTY COURT

(HER HONOUR JUDGE LINDA DAVIS)

Royal Courts of Justice

Strand, London WC2A 2LL

Tuesday, 14 July 1998

B e f o r e:

LADY JUSTICE BUTLER-SLOSS

LORD JUSTICE THORPE

and

LORD JUSTICE CHADWICK

____________

EDMUND KEITH YOUNG

Petitioner/Appellant

v

ANNE ELIZABETH FRANCES YOUNG

Respondent

____________

(Handed Down Transcript of

Smith Bernal Reporting Limited, 180 Fleet Street,

London EC4A 2HD

Tel: 0171 421 4040

Official Shorthand Writers to the Court)

____________

MR NICHOLAS MOSTYN QC (instructed by Messrs Phillip Skerrett & Co of Plymouth PL4 OAU) appeared on behalf of the appellant.

MR MARK JOHNSTONE (instructed by Messrs Paris Smith & Randall of Southampton) appeared on behalf of the respondent.

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J U D G M E N T

(As approved by the Court)

©Crown Copyright

LORD JUSTICE THORPE:

The history of this case is predominantly one of muddle and mismanagement. The unravelling of the relevant facts has proved to be a laborious and vexing exercise. At its conclusion the relevant circumstances appear to be these.

The husband is a 68 years old accountant. The wife is 42. They married in 1976 and had three children, a son who is now 20 and twins of 18. In 1980 the final matrimonial home was purchased, effectively in joint names. Ten months later the husband transferred his half share to the wife. In 1985 the husband received a brief sentence of imprisonment for tax and dishonesty offences. In 1989 the Inland Reve...

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