Morgan v Morgan

The wife was entitled to refuse the husband's offer and proceed with the Millgate sale due to her lack of trust in the husband, his refusal to provide a 10% deposit and indemnity, and his prior financial misconduct. Supervening events made the original order inappropriate, justifying appellate intervention.

Parties: Claimant/appellant: Morgan; Defendant/respondent: Morgan
Jurisdiction: England and Wales
Judgment Date: 06 December 2006
Procedural Posture: Civil Appeal (family/ancillary Relief) / Appeal From Order of HHJ Horowitz Qc, Post Judgment, on Implementation of Ancillary Relief Order
Outcome: Appeal allowed
Legal Topics: Ancillary Relief, Implementation of Financial Orders, Sale of Matrimonial Property, Judicial Discretion, Appeal Procedure

Family Law Civil Procedure Ancillary Relief Implementation of Financial Orders Sale of Matrimonial Property Judicial Discretion Appeal Procedure

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Parties

Morgan

Claimant/appellant

Morgan

Defendant/respondent

Procedural Posture

Civil Appeal (family/ancillary Relief) / Appeal From Order of HHJ Horowitz Qc, Post Judgment, on Implementation of Ancillary Relief Order

Legal Issues

1 Whether the wife should be compelled to accept the husband's offer to purchase the former matrimonial home or allowed to proceed with a third-party sale to Millgate Developments Limited
2 Whether the judge's discretion in directing acceptance of Millgate's conditional offer was exercised correctly
3 Whether subsequent events rendered the original order inappropriate

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Set aside the order of HHJ Horowitz QC
Order in terms sought by the wife to proceed with the Millgate sale; final form of order to be agreed by counsel