Hems v Clemans

Hems v Clemans

The order of HHJ Tyzack QC was ambiguous and led to confusion regarding the parties' obligations. The proper course is to set aside that order and remit any applications for enforcement or variation to the district judge who made the original order, ensuring clarity and judicial continuity.

Parties
Applicant: Clemans; Respondent: Hems
Jurisdiction
England and Wales
Judgment Date
19 May 2009
Procedural Posture
Civil Appeal / Permission to Appeal and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Child Maintenance, Enforcement of Undertakings, Variation of Orders, Financial Provision for Children
Family Law Child Maintenance Enforcement of Undertakings Variation of Orders Financial Provision for Children

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Parties

Clemans

Applicant

Hems

Respondent

Procedural Posture

Civil Appeal / Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the order of HHJ Tyzack QC should be set aside due to ambiguity and lack of clarity
  2. 2 Whether Dr Hems remains liable for financial obligations towards his children after being released from undertakings
  3. 3 Proper forum for enforcement or variation of the original district judge's order

Ratio Decidendi

The order of HHJ Tyzack QC was ambiguous and led to confusion regarding the parties' obligations. The proper course is to set aside that order and remit any applications for enforcement or variation to the district judge who made the original order, ensuring clarity and judicial continuity.

Court Disposition

appeal allowed

Orders

  • Permission to appeal granted
  • Order of HHJ Tyzack QC set aside