G v A

G v A

There is a realistic prospect of success in the appeal regarding the timing of the lump sum payment, as the logic of the rewritten order and the practicalities of property acquisition support varying the payment date. The application for permission to appeal is adjourned for inter partes hearing.

Parties
Applicant: G; Respondent: A
Jurisdiction
England and Wales
Judgment Date
18 March 2009
Procedural Posture
Civil Appeal (family/financial) / Application for Permission to Appeal; Adjourned for Inter Partes Hearing
Outcome
Application for permission to appeal adjourned on notice to the mother; appeal to follow if permission granted.
Legal Topics
Financial Provision for Children, Enforcement of Financial Orders, Variation of Court Orders
Family Law Civil Procedure Financial Provision for Children Enforcement of Financial Orders Variation of Court Orders

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Parties

G

Applicant

A

Respondent

Procedural Posture

Civil Appeal (family/financial) / Application for Permission to Appeal; Adjourned for Inter Partes Hearing

Legal Issues

  1. 1 Whether the date for payment of a lump sum under a Schedule 1 Children Act 1989 order should be varied to a future date linked to property acquisition
  2. 2 Whether the lump sum obligation is enforceable as a judgment debt
  3. 3 Whether the original order should be rewritten regarding timing and accountability for the lump sum

Ratio Decidendi

There is a realistic prospect of success in the appeal regarding the timing of the lump sum payment, as the logic of the rewritten order and the practicalities of property acquisition support varying the payment date. The application for permission to appeal is adjourned for inter partes hearing.

Court Disposition

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

Orders

  • Application adjourned on notice to the mother
  • Case to be listed expeditiously before Lord Justice Thorpe with at least one other judge