G-M v M

G-M v M

Permission to appeal is granted only on the issue of whether the judge adequately considered the wife's interim income needs during the staging of capital payments, as this may involve an exercise of discretion that does not sufficiently account for potential unfairness in the transition from periodic to capital payments.

Parties
Appellant: G-M; Respondent: M
Jurisdiction
England and Wales
Judgment Date
26 July 2013
Procedural Posture
Family / Application for Permission to Appeal
Outcome
application granted in part
Legal Topics
Variation of Periodical Payments, Clean Break Order, Capital Commutation, Duxbury Calculation, Judicial Discretion
Family Law Variation of Periodical Payments Clean Break Order Capital Commutation Duxbury Calculation Judicial Discretion

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Parties

G-M

Appellant

M

Respondent

Procedural Posture

Family / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in calculating the capital sum for a clean break order
  2. 2 Whether the staging of capital payments failed to account for interim income needs
  3. 3 Whether the judge failed to apply RPI index increase to periodical payments

Ratio Decidendi

Permission to appeal is granted only on the issue of whether the judge adequately considered the wife's interim income needs during the staging of capital payments, as this may involve an exercise of discretion that does not sufficiently account for potential unfairness in the transition from periodic to capital payments.

Court Disposition

application granted in part

Orders

  • Permission to appeal granted only on the issue of staging of capital payments and interim income needs.