Maughan v Wilmot (Rev 1)

Maughan v Wilmot (Rev 1)

The husband's conduct, including acquiescence and use of email for service, bars him from challenging the validity of orders served by email; the court has discretion to authorise email service out of jurisdiction in family proceedings, and the orders are not null and void.

Parties
Applicant/wife: Viki Natasha Maughan; Respondent/husband: Richard Michael Edmund Wilmot
Jurisdiction
England and Wales
Judgment Date
13 January 2016
Procedural Posture
Family / Ruling on 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 / Ruling on Application to Set Aside Previous Orders

Legal Issues

  1. 1 Whether orders served by email on a party outside the jurisdiction are null and void under the Hague Service Convention
  2. 2 Whether the court has discretion to set aside orders for alleged defective service
  3. 3 Whether the husband's conduct bars him from challenging service

Ratio Decidendi

The husband's conduct, including acquiescence and use of email for service, bars him from challenging the validity of orders served by email; the court has discretion to authorise email service out of jurisdiction in family proceedings, 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.