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Assoun v Assoun (No 1) [2017] EWCA Civ 21
Date:5 APR 2017
Third slide
Law Reporter

(Court of Appeal, Sir Ernest Ryder, Senior President of Tribunals, Beatson LJ, 28 March 2017)

Financial remedies – Hadkinson order – Procedure – Failure to pay arrears

The husband’s appeal from a Hadkinson order was dismissed.

In long running financial remedy proceedings the husband was in default of a significant sum in respect of periodical payments to the wife. Orders had been made by courts in England and the USA. The husband applied to vary or discharge the periodical payments order and to remit the arrears due.

The wife obtained a without notice order that the husband should not be able to proceed with his application until the outstanding arrears had been paid pursuant to Hadkinson v Hadkinson [1952] 2 All ER 567. The husband submitted that the Hadkinson order was procedurally unfair and was disproportionate given that his case was that he had insufficient resources to discharge the debt. He appealed.

The appeal was dismissed. A Hadkinson order was draconian in effect and was a case management order of last resort. On the evidence there could be no doubt that the husband was in wilful contempt of the court orders and that his conduct was an impediment to justice. The trial judge had already found that the husband had resources to pay but had chosen not to do so. There was nothing in the evidence now available to contradict that finding. Given the husband’s abject and continuing failure to comply with the order and his knowledge of the risk he was taking there was insufficient evidence of a procedural irregularity in the process in the court below.


Case No: B6/2015/4082

Neutral Citation Number: [2017] EWCA Civ 21
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CENTRAL FAMILY COURT IN LONDON
His Honour Judge Brasse
FD06D05405

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 28/03/2017

Before:


LORD JUSTICE BEATSON
THE SENIOR PRESIDENT OF TRIBUNALS


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Between:

Yan Wilheim Benjammin Assoun
Appellant

- and -

Anais Amber Assoun
Respondent

[No 1]


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Mr James Ewins QC (instructed by Stewarts Law LLP) for the Appellant
Mr Alexander Thorpe (acting Pro Bono) for the Respondent


Hearing date: 13 December 2016

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Judgment

Assoun v Assoun (No 1) [2017] EWCA Civ 21.rtf
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