D v E & Anor
Security for lump sums should be proportionate, based on SJE valuations, discharged upon payment of each lump sum, and governed by the Husband’s draft charge with specified amendments.
- Parties
- Applicant: D; First Respondent: E; Second Respondent: F
- Jurisdiction
- England and Wales
- Judgment Date
- 19 June 2020
- Procedural Posture
- Family Division Ancillary Dispute / Post Final Order, Determination of Security Terms
- Outcome
- Charge approved in form drafted and submitted by Husband, with specified amendments.
- Legal Topics
- Ancillary Relief, Security for Payment, Enforcement of Financial Orders
Case Brief
Summary, issues, holding and outcome
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Parties
D
Applicant
E
First Respondent
F
Second Respondent
Procedural Posture
Family Division Ancillary Dispute / Post Final Order, Determination of Security Terms
Legal Issues
- 1 Appropriate security for payment of lump sums under mediated agreement
- 2 Terms and discharge of property charges
- 3 Valuation of properties for security purposes
Ratio Decidendi
Security for lump sums should be proportionate, based on SJE valuations, discharged upon payment of each lump sum, and governed by the Husband’s draft charge with specified amendments.
Court Disposition
Charge approved in form drafted and submitted by Husband, with specified amendments.
Orders
- Husband’s amendments in red to be used; Wife’s amendments in blue not to be used.
- Properties to form security as set out in consent order.
Full Case Text
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