DN v HN [2014] EWHC 3435 (Fam) (14 August 2014)
The February agreement was a distinct and enforceable contract, separate from the financial remedy compromise, and the wife was entitled to a mandatory interlocutory injunction requiring the husband to pay the sum required to complete the property purchase.
- Citation
- [2014] EWHC 3435 (Fam)
- Parties
- Applicant: DN; Respondent: HN
- Jurisdiction
- England and Wales
- Judgment Date
- 14 August 2014
- Procedural Posture
- Application for Mandatory Interlocutory Injunction / Interlocutory Hearing
- Outcome
- Mandatory interlocutory injunction granted
- Legal Topics
- Specific Performance, Financial Remedy Proceedings, Enforcement of Agreements, Mandatory Injunctions
Case Brief
Summary, issues, holding and outcome
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Parties
DN
Applicant
HN
Respondent
Procedural Posture
Application for Mandatory Interlocutory Injunction / Interlocutory Hearing
Legal Issues
- 1 Whether the February agreement is a distinct and enforceable contract separate from the financial remedy compromise
- 2 Whether specific performance is available to enforce the February agreement
- 3 Whether ordinary contractual principles apply to agreements reached during financial remedy proceedings
Ratio Decidendi
The February agreement was a distinct and enforceable contract, separate from the financial remedy compromise, and the wife was entitled to a mandatory interlocutory injunction requiring the husband to pay the sum required to complete the property purchase.
Court Disposition
Mandatory interlocutory injunction granted
Orders
- Husband ordered to pay £8.49 million plus interest and fees by midday on Tuesday 19th August 2014 to complete the property purchase
Full Case Text
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