- Everything (198)
- Model letter (0)
- Practice note (2)
- Precedent (0)
- Uploads (0)
- Tools (0)
- Article (1)
- Case note (52)
- News (12)
- Polls (0)
- CPD course (0)
- CPD diploma (0)
- Training note (0)
- Webinar (4)
- Downloads (0)
- Form (15)
- Judgment (82)
- Practice direction (0)
- Rule (0)
- SI (0)
- Statute (0)
- International regs (0)
- Latest figures published in press rlease News, 26/01/2015, free
- Appeals by H against two orders directing he pay monies W and which raise points concerning making of such orders where a previous order for periodical payments has been discharged but a consequent lump sum order is the subject of enforcement. Judgment, 19/12/2014, free
- Wife's application for a variation on a stay of enforcement of a periodical payments order by means of a judgment summons under section 5 of the Debtors Act 1869. The variation was granted and the appeal hearing brought forward by 3 months. Judgment, 15/12/2014, free
- Application by mother, arising from Hague Convention proceedings, for an order to seise the father's passport should he enter the UK. Application granted primarily as King J considered there was a real risk of abduction. Judgment, 16/05/2014, free
- Judgment on costs arising from non-molestation proceedings and involving consideration of ex parte relief under Part IV of the Family Law Act 1996. Judgment, 17/04/2014, free
- Judgment in a case where a mother was seeking enforcement of a child maintenance order made in France in the PRFD under Rule 33.3 of the Family Procedure Rules 2010, which permits an application to be made for an order for such method of enforcement as the court may consider appropriate. Judgment, 10/04/2014, free
- Appeal against orders which registered and permitted enforcement of orders made in the French courts concerning enforcement and parental responsibility. Mostyn J allowed the appeal on the ground that for the purposes of Art 23(c) of BIIR this was a judgment given in default of appearance of the mother as the father "must have known that attempted service of her at his own address was an absurd charade. He deliberately refused to supply copies of the relevant documents to the mother's solicitor when asked. In my judgment he was doing all that he could to make the mother's defence of his application as difficult as possible....... the authorities make very clear that I am to judge the reality of the situation, and I have no doubt that the mother did not "appear" (in either sense of the verb) on the father's application for sole custody." Judgment, 26/03/2014, free
- In these long running financial proceedings, the parties had agreed to attempt mediation, and the wife undertook not to make any further statutory demand prior to the conclusion of the mediation. The wife maintained that it was an implied term of the agreement that the husband would pay the rent on a substitute property, and he had breached this implied term. She subsequently issued an application for general enforcement under FPR 2010 rule 33.3(2)(b) for a sum of nearly £2m. The husband argued that the wife was debarred from proceeding to enforce by virtue of the agreement to mediate. The judge ruled that the agreement could not be given effect so as to prevent the wife from applying for enforcement until and unless mediation has taken place. A bar of that nature would operate as a restriction on the right to apply to the court. The most that could be done in balancing the obligation to mediate under the agreement and the right of access to justice was for an adjournment to be ordered for a specified period to give the parties a final opportunity to engage in ADR and an adjournment was made for 8 weeks. Judgment, 05/03/2014, free
- Suspended committal order made against the ex husband who repeatedly failed to pay the mortgage on the FMH despite signing a consent order agreeing that he would do so. The wife had to keep going back to court to enforce the order, by which time the husband had, each time, paid the arrears. Judgment, 28/02/2014, free
- Final report on research into contact enforcement published by the Nuffield Foundation News, 06/01/2014, free