G v A [2009] EWCA Civ 357 (18 March 2009)

G v A [2009] EWCA Civ 357 (18 March 2009)

The obligation to pay the lump sum should logically be linked to the acquisition of the settlement property, and there is a realistic prospect of success in varying the date of payment. Application for permission to appeal is adjourned for hearing on notice.

Source-derived case information.

Citation
[2009] EWCA Civ 357
Parties
Applicant: G; Respondent: A
Jurisdiction
England and Wales
Judgment Date
18 March 2009
Procedural Posture
Family Law Appeal / Application for Permission to Appeal, Adjourned for Hearing on Notice
Outcome
Application adjourned on notice for hearing; appeal to follow if permission granted.
Legal Topics
Financial Provision for Child, Variation of Financial Orders, Enforcement of Financial Orders
Family Law Child Law Financial Provision for Child Variation of Financial Orders Enforcement of Financial Orders

Source-derived case record

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Parties

G

Applicant

A

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal, Adjourned for Hearing on Notice

Legal Issues

  1. 1 Whether the date for payment of lump sum under Schedule 1 Children Act 1989 should be varied
  2. 2 Whether the lump sum is enforceable as a judgment debt
  3. 3 Appropriate timing for payment linked to acquisition of trust property

Ratio Decidendi

The obligation to pay the lump sum should logically be linked to the acquisition of the settlement property, and there is a realistic prospect of success in varying the date of payment. Application for permission to appeal is adjourned for hearing on notice.

Court Disposition

Application adjourned on notice for hearing; appeal to follow if permission granted.

Orders

  • Application adjourned on notice to the mother.
  • Case to be listed for hearing with time estimate of one hour.