Bradley v Bradley [2008] EWCA Civ 629 (08 May 2008)

Bradley v Bradley [2008] EWCA Civ 629 (08 May 2008)

The stay of the lump sum payment was unsupportable in law and discretion, as it was used to achieve indirectly what could not be achieved directly (security for costs), and the husband's entitlement to the money was absolute and overdue.

Citation
[2008] EWCA Civ 629
Parties
Appellant: Bradley; Respondent: Bradley
Jurisdiction
England and Wales
Judgment Date
08 May 2008
Procedural Posture
Appeal (ancillary Relief) / Second Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Ancillary Relief, Clean Break Order, Lump Sum Payment, Stay of Execution, Set Off, Periodical Payments
Family Law Ancillary Relief Clean Break Order Lump Sum Payment Stay of Execution Set Off Periodical Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bradley

Appellant

Bradley

Respondent

Procedural Posture

Appeal (ancillary Relief) / Second Appeal From County Court Decision

Legal Issues

  1. 1 Whether the stay of payment of a lump sum ordered in ancillary relief proceedings was lawful and a proper exercise of discretion
  2. 2 Whether the husband's entitlement to the lump sum could be deferred to protect the wife against potential costs

Ratio Decidendi

The stay of the lump sum payment was unsupportable in law and discretion, as it was used to achieve indirectly what could not be achieved directly (security for costs), and the husband's entitlement to the money was absolute and overdue.

Court Disposition

Appeal allowed

Orders

  • Stay of lump sum payment discharged
  • Matter remitted for directions hearing in county court