(Court of Appeal; Thorpe, Wall and Coleridge LJJ; 21 October 2009)
The appellant husband is Nigerian and was born in Nigeria. The respondent wife is of Nigerian origin but was born in London. The husband was granted a divorce in Nigeria which the wife is appealing. The wife's English divorce petition was dismissed but she was awarded a Maintenance Pending Suit Order, of which £200,000 was in arrears. The wife applied for a 'Hadkinson' order but instead the court made a charging order. Should the wife fail at trial the court had no power to order a refund of Maintenance Pending Suit actually paid, and by analogy an unpaid order for maintenance pending suit did not become unenforceable following failure at trial.