Wicks v Wicks [1997] EWCA Civ 3050 (18th December, 1997)

Wicks v Wicks [1997] EWCA Civ 3050 (18th December, 1997)

The Court of Appeal held that there is no statutory or inherent jurisdiction to make interim orders for sale or appropriation of assets pending determination of ancillary relief claims under the Matrimonial Causes Act 1973. Previous authorities (Barry v Barry, Green v Green, F v F) were wrongly decided insofar as they assumed such jurisdiction. Procedural rules and inherent jurisdiction cannot override statutory limitations. The judge below erred in assuming jurisdiction and making the interim order.

Citation
[1997] EWCA Civ 3050
Parties
Respondent/appellant: Mr Wicks; Petitioner/respondent: Mrs Wicks
Jurisdiction
England and Wales
Procedural Posture
Appeal From High Court (family Division) / Judgment on Appeal
Outcome
Appeal allowed; wife's application dismissed.
Legal Topics
Ancillary Relief, Interim Orders, Jurisdiction, Property Adjustment, Matrimonial Causes Act, Inherent Jurisdiction
Family Law Civil Procedure Ancillary Relief Interim Orders Jurisdiction Property Adjustment Matrimonial Causes Act Inherent Jurisdiction

Case Brief

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Parties

Mr Wicks

Respondent/appellant

Mrs Wicks

Petitioner/respondent

Procedural Posture

Appeal From High Court (family Division) / Judgment on Appeal

Legal Issues

  1. 1 Does the court have power to make interim capital or property provision pending determination of ancillary relief claims?
  2. 2 Is there inherent jurisdiction or procedural rule enabling interim orders for sale or appropriation of assets in matrimonial proceedings?

Ratio Decidendi

The Court of Appeal held that there is no statutory or inherent jurisdiction to make interim orders for sale or appropriation of assets pending determination of ancillary relief claims under the Matrimonial Causes Act 1973. Previous authorities (Barry v Barry, Green v Green, F v F) were wrongly decided insofar as they assumed such jurisdiction. Procedural rules and inherent jurisdiction cannot override statutory limitations. The judge below erred in assuming jurisdiction and making the interim order.

Court Disposition

Appeal allowed; wife's application dismissed.

Orders

  • Order of sale and appropriation set aside.
  • No interim relief granted pending ancillary relief determination.