Thompson v Prater

Thompson v Prater

The order of the lower court cannot be implemented as intended because the respondent is unable to secure a mortgage sufficient to re-house himself, undermining the basis of the order. The appeal is allowed and the matter is remitted for further consideration.

Parties
Applicant/respondent: Julie Elizabeth Thompson; Respondent/appellant: Stephen Leonard Prater
Jurisdiction
England and Wales
Judgment Date
28 June 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Ancillary Relief, Matrimonial Property, Mortgage Liability, Housing Needs of Children
Family Law Ancillary Relief Matrimonial Property Mortgage Liability Housing Needs of Children

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Parties

Julie Elizabeth Thompson

Applicant/respondent

Stephen Leonard Prater

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the order for transfer of matrimonial property and indemnity regarding mortgage can be implemented as envisaged by the lower court
  2. 2 Whether the parties' housing needs and the welfare of the children are adequately met under the current order

Ratio Decidendi

The order of the lower court cannot be implemented as intended because the respondent is unable to secure a mortgage sufficient to re-house himself, undermining the basis of the order. The appeal is allowed and the matter is remitted for further consideration.

Court Disposition

appeal allowed

Orders

  • Appeal allowed
  • Case remitted to the county court for further consideration