Haskell v Haskell

Haskell v Haskell

There was insufficient evidence to permanently vary or discharge the maintenance order, but sufficient evidence of cashflow difficulties to justify a temporary suspension of the order, subject to strict conditions.

Parties
Applicant: Haskell; Respondent: Haskell
Jurisdiction
England and Wales
Judgment Date
31 October 2019
Procedural Posture
Family / Interlocutory Application for Variation and Judgment Summons
Outcome
Suspension of maintenance pending suit and interim periodical payments order, subject to conditions.
Legal Topics
Maintenance Pending Suit, Interim Periodical Payments, Variation of Maintenance Orders, Suspension of Orders, Judgment Summons
Family Law Maintenance Pending Suit Interim Periodical Payments Variation of Maintenance Orders Suspension of Orders Judgment Summons

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Parties

Haskell

Applicant

Haskell

Respondent

Procedural Posture

Family / Interlocutory Application for Variation and Judgment Summons

Legal Issues

  1. 1 Whether there has been a material change of circumstances justifying variation or suspension of maintenance pending suit order
  2. 2 Whether the husband's cashflow difficulties warrant suspension or variation of the order
  3. 3 Appropriate procedural sequence between variation application and judgment summons

Ratio Decidendi

There was insufficient evidence to permanently vary or discharge the maintenance order, but sufficient evidence of cashflow difficulties to justify a temporary suspension of the order, subject to strict conditions.

Court Disposition

Suspension of maintenance pending suit and interim periodical payments order, subject to conditions.

Orders

  • Husband to pay £9,000 to Mr Marks’ clerk by 14 November 2019 for private FDR fee.
  • Husband to pay £24,000 to wife's solicitors by 14 November 2019 for wife's representation at private FDR.