(Court of Appeal; Wall LJ; 12 March 2008)
In ancillary relief proceedings the district judge made an order requiring a charge to be executed by the husband. When, 3 years later, the order had not been executed, the district judge of his own motion, without a hearing, drafted an order requiring execution of the charge within 28 days. The husband appealed to a circuit judge who, without a hearing, ordered the district judge to conduct a rehearing. The husband appealed, arguing that his statutory right to appeal had been interfered with.
Refusing permission to appeal, the judge noted that the husband's case failed to take account of the court's overriding objective under Family Proceedings Rules 1991 r 2.51D, and the duty to manage cases actively.