Kremen v Agrest [2011] EWCA Civ 1014 (13 April 2011)

Kremen v Agrest [2011] EWCA Civ 1014 (13 April 2011)

Holman J discharged the committal order on the basis that the debt had been satisfied by payment from funds held in court, as required by section 5 of the Debtors Act, and exercised discretion to facilitate the husband's attendance at the substantive hearing.

Citation
[2011] EWCA Civ 1014
Parties
Appellant: Kremen; Respondent: Agrest
Jurisdiction
England and Wales
Judgment Date
13 April 2011
Procedural Posture
Family Law Appeal / Permission to Appeal Granted
Outcome
permission to appeal granted
Legal Topics
Committal Orders, Maintenance Arrears, Debtors Act 1869, Ancillary Relief, Enforcement of Financial Orders
Family Law Civil Procedure Committal Orders Maintenance Arrears Debtors Act 1869 Ancillary Relief Enforcement of Financial Orders

Case Brief

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Parties

Kremen

Appellant

Agrest

Respondent

Procedural Posture

Family Law Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether Holman J was correct to discharge the committal order against the husband under section 5 of the Debtors Act
  2. 2 Whether payment from funds held in court constituted satisfaction of the debt for purposes of discharge
  3. 3 Whether the judge exercised discretion appropriately in discharging the committal order

Ratio Decidendi

Holman J discharged the committal order on the basis that the debt had been satisfied by payment from funds held in court, as required by section 5 of the Debtors Act, and exercised discretion to facilitate the husband's attendance at the substantive hearing.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal against Holman J's discharge of committal order is granted
  • Appeal to be heard by a court of three judges, including one with family experience