FRB v DCA (No. 4)

FRB v DCA (No. 4)

The court has jurisdiction to vary periodical payments to provide incentive for payment of the lump sum, provided adjustments are made to avoid double recovery and ensure fairness. Increased periodical payments are justified due to respondent's default, and appropriate reductions and credits are applied to prevent double counting. Legal Services Payment Orders are adjusted in light of increased maintenance, and costs are awarded proportionally to success.

Parties
Applicant: FRB; Respondent: DCA
Jurisdiction
England and Wales
Judgment Date
19 January 2021
Procedural Posture
Family / Post Judgment Supplemental Ruling
Outcome
Application granted in part; periodical payments varied; Legal Services Payment Orders adjusted; costs awarded.
Legal Topics
Variation of Periodical Payments, Maintenance, Legal Services Payment Orders, Costs Assessment
Family Law Variation of Periodical Payments Maintenance Legal Services Payment Orders Costs Assessment

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Parties

FRB

Applicant

DCA

Respondent

Procedural Posture

Family / Post Judgment Supplemental Ruling

Legal Issues

  1. 1 Whether the court has jurisdiction to vary periodical payments pending payment of lump sum
  2. 2 Impact of increased periodical payments on previous orders
  3. 3 Appropriate adjustment to household expenses

Ratio Decidendi

The court has jurisdiction to vary periodical payments to provide incentive for payment of the lump sum, provided adjustments are made to avoid double recovery and ensure fairness. Increased periodical payments are justified due to respondent's default, and appropriate reductions and credits are applied to prevent double counting. Legal Services Payment Orders are adjusted in light of increased maintenance, and costs are awarded proportionally to success.

Court Disposition

Application granted in part; periodical payments varied; Legal Services Payment Orders adjusted; costs awarded.

Orders

  • Periodical payments varied to £1.480m per annum (£123.3k per month)
  • Arrears of £63.3k per month for 4 months to be paid in 4 equal monthly instalments starting 31 January 2021