Bradley v Bradley

Bradley v Bradley

The stay of the lump sum payment was wrongly granted as it was not supported by law or proper exercise of discretion; it amounted to an impermissible attempt to achieve by the back door what could not be achieved by the front, namely security for costs in ancillary relief proceedings.

Parties
Appellant: Bradley; Respondent: Bradley
Jurisdiction
England and Wales
Judgment Date
08 May 2008
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Ancillary Relief, Clean Break Order, Periodical Payments, Stay of Payment, Set Off
Family Law Ancillary Relief Clean Break Order Periodical Payments Stay of Payment Set Off

Case Brief

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Parties

Bradley

Appellant

Bradley

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the stay of payment of a lump sum ordered in ancillary relief proceedings was lawful and proper in the exercise of judicial discretion
  2. 2 Whether the district judge's order amounted to an impermissible backdoor grant of security for costs

Ratio Decidendi

The stay of the lump sum payment was wrongly granted as it was not supported by law or proper exercise of discretion; it amounted to an impermissible attempt to achieve by the back door what could not be achieved by the front, namely security for costs in ancillary relief proceedings.

Court Disposition

appeal allowed

Orders

  • The stay of the £60,000 lump sum payment is discharged.
  • The matter is remitted for further directions and possible set-off application by the respondent.