Maughan v Wilmot (Rev 1) [2016] EWHC 29 (Fam) (13 January 2016)

Maughan v Wilmot (Rev 1) [2016] EWHC 29 (Fam) (13 January 2016)

The husband's application to set aside the orders is dismissed because he acquiesced in the process, delayed in raising the objection, and extensively used email for communication and service. Even if the Hague Service Convention applies, the court has discretion to authorise email service in appropriate circumstances, and the orders are not null and void.

Citation
[2016] EWHC 29 (Fam)
Parties
Applicant/wife: Viki Natasha Maughan; Respondent/husband: Richard Michael Edmund Wilmot
Jurisdiction
England and Wales
Judgment Date
13 January 2016
Procedural Posture
Family Law (child Maintenance Enforcement) / Application to Set Aside Previous Orders
Outcome
Application dismissed
Legal Topics
Service of Documents, Hague Service Convention, Child Maintenance, Jurisdiction, Email Service
Family Law Civil Procedure Service of Documents Hague Service Convention Child Maintenance Jurisdiction Email Service

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Parties

Viki Natasha Maughan

Applicant/wife

Richard Michael Edmund Wilmot

Respondent/husband

Procedural Posture

Family Law (child Maintenance Enforcement) / Application to Set Aside Previous Orders

Legal Issues

  1. 1 Whether orders served by email on a party outside the jurisdiction (Turkey) are null and void due to the Hague Service Convention
  2. 2 Whether the court should exercise discretion to set aside previous orders for alleged invalid service

Ratio Decidendi

The husband's application to set aside the orders is dismissed because he acquiesced in the process, delayed in raising the objection, and extensively used email for communication and service. Even if the Hague Service Convention applies, the court has discretion to authorise email service in appropriate circumstances, and the orders are not null and void.

Court Disposition

Application dismissed

Orders

  • The husband's application to set aside the order of 27 February 2013 and all subsequent orders is dismissed.