Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

ANCILLARY RELIEF/APPEAL: Moore v Moore [2009] EWCA Civ 433

Sep 29, 2018, 17:21 PM
Slug : moore-v-moore-2009-ewca-civ-433
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 3, 2009, 07:32 AM
Article ID : 85953

(Court of Appeal; Wall LJ and Holman J; 3 April 2009)

The wife issued an English divorce petition; the husband issued a Nigerian divorce petition. The husband was ordered to pay maintenance pending suit to the wife while the English court investigated the issue of jurisdiction. The husband failed to pay any maintenance, in breach of the order. After the Nigerian court granted the husband a Nigerian divorce, the wife discontinued her English divorce petition. However, the English court held that the husband was still required to pay the wife the arrears of maintenance pending suit, and made a charging order in respect of the arrears against a property beneficially owned by the husband. The husband sought permission to appeal. The Court of Appeal required the husband to give security for costs in the sum of £15,000 by 23 March 2009, the hearing date for the application being 2 April 2009. On the 26 March 2009 the husband sought variation of the order for security for costs.

Although the court was prepared to assume that there was jurisdiction to go behind the order for costs for security, the sum set was a matter of discretion, and in all the circumstances the sum required would not be reduced. Despite the husband's evidence from estate agents, the court was not satisfied that there was sufficient margin in the property owned by the husband to provide the wife with safe and good security in the event that the husband's appeal was unsuccessful. However, the timing of the order was a different issue. Justice required that the husband's application for permission to appeal go ahead, on the basis that the husband had additional time to make the relevant payment. As it was now highly unlikely that the case would be heard before May 2009, the husband was to be given until 30 April 2009 to raise the money, effectively 6 weeks from the date of the application to vary the order for security for costs. The appeal would stand dismissed if the husband did not pay by that date.

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