Corbett v Corbett

Corbett v Corbett

The process adopted was not compliant with the respondent's rights under the Human Rights Act and did not meet the standards set in Mubarak v Mubarak. The judge failed to consider variation or remission of arrears and misdirected himself as to the options available. The order for imprisonment must be set aside.

Source-derived case information.

Parties
Appellant: Mr Corbett; Respondent: Mrs Corbett
Jurisdiction
England and Wales
Judgment Date
28 February 2003
Procedural Posture
Civil Appeal / Appeal From Order in Ancillary Relief Proceedings
Outcome
appeal allowed
Legal Topics
Enforcement of Periodical Payments, Judgment Summons, Variation of Maintenance Orders, Human Rights Compliance
Family Law Civil Procedure Enforcement of Periodical Payments Judgment Summons Variation of Maintenance Orders Human Rights Compliance

Source-derived case record

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Parties

Mr Corbett

Appellant

Mrs Corbett

Respondent

Procedural Posture

Civil Appeal / Appeal From Order in Ancillary Relief Proceedings

Legal Issues

  1. 1 Whether the judgment summons procedure complied with the Human Rights Act and the standards set in Mubarak v Mubarak
  2. 2 Whether the judge erred in finding wilful neglect and imposing imprisonment without considering variation or remission of arrears
  3. 3 Whether procedural fairness was afforded to the respondent

Ratio Decidendi

The process adopted was not compliant with the respondent's rights under the Human Rights Act and did not meet the standards set in Mubarak v Mubarak. The judge failed to consider variation or remission of arrears and misdirected himself as to the options available. The order for imprisonment must be set aside.

Court Disposition

appeal allowed

Orders

  • Order of imprisonment set aside
  • Case remitted for realistic reappraisal of the husband's obligations