Tracey v Tracey [2006] EWCA Civ 734 (15 May 2006)

Tracey v Tracey [2006] EWCA Civ 734 (15 May 2006)

The Court of Appeal found that the trial judge overstated the father's assets and failed to consider significant fresh medical evidence affecting his earning capacity. The judgment below could not stand, and the court exercised its discretion afresh, allowing the appeal in part by deleting the lump sum for A's future fees at Cranleigh and upholding the remainder of the order.

Citation
[2006] EWCA Civ 734
Parties
Claimant/appellant: Tracey; Defendant/respondent: Tracey
Jurisdiction
England and Wales
Judgment Date
15 May 2006
Procedural Posture
Family Law Appeal / Appeal From the Family Division, Principal Registry, Judgment of Bennett J
Outcome
Appeal allowed in part
Legal Topics
Variation of Consent Orders, Child Maintenance, School Fees, Lump Sum Orders, Secured Periodical Payments, Fresh Evidence on Appeal
Family Law Variation of Consent Orders Child Maintenance School Fees Lump Sum Orders Secured Periodical Payments Fresh Evidence on Appeal

Case Brief

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Parties

Tracey

Claimant/appellant

Tracey

Defendant/respondent

Procedural Posture

Family Law Appeal / Appeal From the Family Division, Principal Registry, Judgment of Bennett J

Legal Issues

  1. 1 Whether the father's liability for private school fees should be varied or eliminated due to his deteriorating financial and medical circumstances
  2. 2 Whether a lump sum or secured periodical payments order is appropriate for securing the children's education

Ratio Decidendi

The Court of Appeal found that the trial judge overstated the father's assets and failed to consider significant fresh medical evidence affecting his earning capacity. The judgment below could not stand, and the court exercised its discretion afresh, allowing the appeal in part by deleting the lump sum for A's future fees at Cranleigh and upholding the remainder of the order.

Court Disposition

Appeal allowed in part

Orders

  • Permission to appeal granted
  • Appeal allowed to the extent of deleting the lump sum for A's fees at Cranleigh