Charman v Charman

Charman v Charman

There was no compelling reason to impose security for the outstanding lump sum or to strike out grounds of appeal at this stage, as the husband was not in breach of any order and enforcement difficulties were not sufficiently established. However, security for costs was appropriate given the husband's residence outside the jurisdiction.

Parties
Applicant Wife: Beverley Anne Charman; Respondent Husband: John Robert Charman
Jurisdiction
England and Wales
Judgment Date
11 December 2006
Procedural Posture
Civil Appeal Family (ancillary Relief) / Interlocutory Application Pending Appeal
Outcome
Applications for security for lump sum and to strike out grounds refused; security for costs granted.
Legal Topics
Ancillary Relief, Enforcement of Judgments, Security for Costs, Freezing Injunctions, Trust Assets in Divorce
Family Law Ancillary Relief Enforcement of Judgments Security for Costs Freezing Injunctions Trust Assets in Divorce

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Parties

Beverley Anne Charman

Applicant Wife

John Robert Charman

Respondent Husband

Procedural Posture

Civil Appeal Family (ancillary Relief) / Interlocutory Application Pending Appeal

Legal Issues

  1. 1 Whether security for the outstanding lump sum and costs should be ordered against the husband pending appeal
  2. 2 Whether certain grounds of appeal should be struck out
  3. 3 Whether the husband's conduct justifies imposition of security or other conditions on appeal

Ratio Decidendi

There was no compelling reason to impose security for the outstanding lump sum or to strike out grounds of appeal at this stage, as the husband was not in breach of any order and enforcement difficulties were not sufficiently established. However, security for costs was appropriate given the husband's residence outside the jurisdiction.

Court Disposition

Applications for security for lump sum and to strike out grounds refused; security for costs granted.

Orders

  • Husband to provide security for costs of £225,000 by 31 December or by alternative means acceptable to the wife's solicitors.
  • Minute to be lodged with the court.