Hems v Clemans [2009] EWCA Civ 672 (19 May 2009)

Hems v Clemans [2009] EWCA Civ 672 (19 May 2009)

Setting aside HHJ Tyzack's order and remitting enforcement and variation applications to the district judge ensures clarity and continuity in determining financial obligations under the original consent order.

Source-derived case information.

Citation
[2009] EWCA Civ 672
Parties
Respondent: HEMS; Applicant: CLEMANS
Jurisdiction
England and Wales
Judgment Date
19 May 2009
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed, HHJ Tyzack's order set aside, matter remitted to district judge
Legal Topics
Child Maintenance, Enforcement of Undertakings, Variation of Orders, Consent Orders
Family Law Child Maintenance Enforcement of Undertakings Variation of Orders Consent Orders

Source-derived case record

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 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

HEMS

Respondent

CLEMANS

Applicant

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether Dr Hems is discharged from financial obligations to his children by release from undertakings
  2. 2 Interpretation and enforcement of consent order regarding child maintenance
  3. 3 Proper forum for enforcement and variation applications

Ratio Decidendi

Setting aside HHJ Tyzack's order and remitting enforcement and variation applications to the district judge ensures clarity and continuity in determining financial obligations under the original consent order.

Court Disposition

Appeal allowed, HHJ Tyzack's order set aside, matter remitted to district judge

Orders

  • Permission to appeal granted
  • Appeal allowed