DN v HN

DN v HN

The February Agreement was a distinct and enforceable contract, separate from the financial remedy compromise. The wife demonstrated a high degree of assurance she would establish her right at trial. The risk of injustice in refusing the injunction outweighed the risk of injustice in granting it. The husband was ordered to pay the sum required to complete the property purchase.

Parties
Applicant: DN; Respondent: HN
Jurisdiction
England and Wales
Judgment Date
14 August 2014
Procedural Posture
Application for Mandatory Interlocutory Injunction / Interlocutory Judgment
Outcome
Mandatory interlocutory injunction granted
Legal Topics
Specific Performance, Financial Remedy Proceedings, Enforcement of Agreements, Mandatory Injunction, Xydhias Agreements
Family Law Contract Law Trust Law Specific Performance Financial Remedy Proceedings Enforcement of Agreements Mandatory Injunction Xydhias Agreements

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Parties

DN

Applicant

HN

Respondent

Procedural Posture

Application for Mandatory Interlocutory Injunction / Interlocutory Judgment

Legal Issues

  1. 1 Whether the February Agreement is a distinct and enforceable contract separate from the financial remedy compromise
  2. 2 Whether the applicant is entitled to a mandatory interlocutory injunction requiring payment to complete property purchase
  3. 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. The wife demonstrated a high degree of assurance she would establish her right at trial. The risk of injustice in refusing the injunction outweighed the risk of injustice in granting it. The husband was ordered to pay the sum required to complete the property purchase.

Court Disposition

Mandatory interlocutory injunction granted

Orders

  • The husband is ordered to pay £8.49 million plus interest and fees required to complete the purchase of the property by midday on Tuesday 19th August 2014.