Being unhappy with a judge’s decision is not enough to secure an appeal
A woman who appealed against a judge’s decision to refuse her a divorce on the basis that being wretchedly unhappy is not grounds for divorce has had her appeal dismissed.
The appeal judges found that there was no reason to overturn the original judge’s decision. You must show that a judge erred in fact or in law and there is a first stage weeding out process at which point a judge must decide that your case has a reasonable prospect of success before you can proceed to an appeal hearing. The appeal will be allowed if the court decides the original decision was wrong or unjust because of a serious procedural or other irregularity at the original trial.
Nicola Furmston is a solicitor and head of the Family team at Barker Gotelee.