Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

CHILD SUPPORT: Brookes v Secretary of State for Work and Pensions [2010] EWCA Civ 420

Sep 29, 2018, 17:51 PM
Slug : child-support-brookes-v-secretary-of-state-for-work-and-pensions-2010-ewca-civ-420
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 6, 2010, 10:40 AM
Article ID : 90859

(Court of Appeal; Ward, Hughes and Patten LJJ; 29 April 2010)

The Child Maintenance and Enforcement Commission determined the father should make payments. The father did not pay the maintenance via the Commission. The Commission gave credit for a sum of £1,800 paid directly, but did not accept that more had been paid. Bailiffs were instructed to enforce remaining the £7,000 owed and the father applied for permission to seek judicial review. He argued that the welfare of his step-children and child by his new partner were not considered in the decision to instruct bailiffs.

Court of Appeal dismissed the application for judicial review. The Commission was entitled to balance the impact on children in father's household against a legal debt, which had never been challenged. There was no other way of achieving objective and it was not excessive or disproportionate.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from