Mann v Mann [2014] EWCA Civ 1674 (19 December 2014)

Mann v Mann [2014] EWCA Civ 1674 (19 December 2014)

The Court of Appeal held that the jurisdiction of the court to make further orders for periodical payments or scheduled part payments of a lump sum ceased upon the discharge and capitalisation of the original periodical payments order into a lump sum by the order of Charles J on 8 June 2005. The subsequent orders...

Source-derived case information.

Citation
[2014] EWCA Civ 1674
Parties
Appellant: David Anthony Mann; Respondent: Shelley Mann
Jurisdiction
England and Wales
Judgment Date
19 December 2014
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeals allowed; respondent's application for permission to appeal out of time dismissed.
Legal Topics
Periodical Payments, Lump Sum Orders, Enforcement of Financial Orders, Jurisdiction of Family Court, Variation and Discharge of Orders
Family Law Periodical Payments Lump Sum Orders Enforcement of Financial Orders Jurisdiction of Family Court Variation and Discharge of Orders

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Summary, issues, holding and outcome

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Parties

David Anthony Mann

Appellant

Shelley Mann

Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the court had jurisdiction to order interim periodical payments or scheduled part payments of a lump sum after discharge of a periodical payments order and capitalisation into a lump sum
  2. 2 Whether the orders made by Mostyn J on 12 May and 12 June 2014 were ultra vires
  3. 3 Whether the respondent could apply for further periodical payments after the discharge of the original order

Ratio Decidendi

The Court of Appeal held that the jurisdiction of the court to make further orders for periodical payments or scheduled part payments of a lump sum ceased upon the discharge and capitalisation of the original periodical payments order into a lump sum by the order of Charles J on 8 June 2005. The subsequent orders made by Mostyn J in May and June 2014 were ultra vires, as there was no subsisting order capable of variation or interim relief. The respondent's application for permission to appeal out of time was dismissed as lacking merit.

Court Disposition

Appeals allowed; respondent's application for permission to appeal out of time dismissed.

Orders

  • Orders of Mostyn J dated 12 May 2014 and 12 June 2014 set aside.
  • Case to be listed before another judge of the division.