AB v BA

AB v BA

The wife's concession that she can pay more than previously ordered, combined with evidence of budget surplus and the need for a realistic repayment schedule, justifies increasing the monthly repayment to £700, rising to £1,000 after five years, and enforcing further costs orders consecutively at the same rate.

Parties
Appellant: AB; Respondent: BA
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Costs Enforcement, Maintenance Payments, Financial Remedy, Appeal Procedure
Family Law Costs Enforcement Maintenance Payments Financial Remedy Appeal Procedure

Case Brief

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Parties

AB

Appellant

BA

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 appropriate rate of repayment by instalments for costs orders
  2. 2 whether further costs orders should be enforced without leave of court or included in instalment regime

Ratio Decidendi

The wife's concession that she can pay more than previously ordered, combined with evidence of budget surplus and the need for a realistic repayment schedule, justifies increasing the monthly repayment to £700, rising to £1,000 after five years, and enforcing further costs orders consecutively at the same rate.

Court Disposition

appeal allowed in part

Orders

  • The wife shall repay the costs debt at the rate of £700 per month, increasing to £1,000 per month after five years.
  • Enforcement of further costs orders shall proceed consecutively at the same rate once the first liability is cleared.