SW v RC
The appeal failed because the district judge's findings on the father's resources and conduct were justified, the maintenance order was not plainly wrong, the costs order was a proper exercise of discretion, and the appeal against the 2005 decision was out of time with no sufficient reason to extend time.
- Parties
- Appellant Father: SW; Respondent Mother: RC
- Jurisdiction
- England and Wales
- Judgment Date
- 24 January 2008
- Procedural Posture
- Appeal / Judgment on Appeal Against Variation and Costs Orders Under Schedule 1 Children Act 1989
- Outcome
- Both appeals dismissed.
- Legal Topics
- Variation of Child Maintenance, Costs Orders, Disclosure Obligations, Appeal Procedure, Schedule 1 Children Act 1989
Case Brief
Summary, issues, holding and outcome
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Parties
SW
Appellant Father
RC
Respondent Mother
Procedural Posture
Appeal / Judgment on Appeal Against Variation and Costs Orders Under Schedule 1 Children Act 1989
Legal Issues
- 1 Whether the district judge erred in refusing to vary child maintenance downward
- 2 Whether the costs order against the appellant was justified
- 3 Whether the appeal against the 2005 decision was out of time and if so whether time should be extended
Ratio Decidendi
The appeal failed because the district judge's findings on the father's resources and conduct were justified, the maintenance order was not plainly wrong, the costs order was a proper exercise of discretion, and the appeal against the 2005 decision was out of time with no sufficient reason to extend time.
Court Disposition
Both appeals dismissed.
Orders
- Appeal against refusal to vary maintenance dismissed.
- Appeal against costs order dismissed.
Full Case Text
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