Mrs MB v Mr KB [2007] EWHC 789 (Fam) (07 March 2007)

Mrs MB v Mr KB [2007] EWHC 789 (Fam) (07 March 2007)

The application for a settlement of property order or lump sum for the child under Children Act 1989 is not barred by issue estoppel or res judicata arising from the prior consent order under Matrimonial Causes Act 1973. The child's developing housing needs merit proper investigation, and the court's jurisdiction for the child's benefit cannot be ousted by prior adult compromise. The application should not be struck out at this stage.

Citation
[2007] EWHC 789 (Fam)
Parties
Claimant: MRS MB; Defendant: MR KB
Jurisdiction
England and Wales
Judgment Date
07 March 2007
Procedural Posture
Application to Strike Out Under Children Act 1989 / Preliminary Hearing on Strike Out Application
Outcome
Application to strike out dismissed; proceedings to continue.
Legal Topics
Issue Estoppel, Res Judicata, Children Act 1989 Schedule 1, Matrimonial Causes Act 1973, Settlement of Property Order, Periodical Payments, Consent Orders
Family Law Child Law Issue Estoppel Res Judicata Children Act 1989 Schedule 1 Matrimonial Causes Act 1973 Settlement of Property Order Periodical Payments +1 more

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Parties

MRS MB

Claimant

MR KB

Defendant

Procedural Posture

Application to Strike Out Under Children Act 1989 / Preliminary Hearing on Strike Out Application

Legal Issues

  1. 1 Whether the mother's application under Children Act 1989 for settlement of property order/lump sum for the child is barred by issue estoppel or res judicata due to prior consent order under Matrimonial Causes Act 1973
  2. 2 Whether the court should strike out the application as an abuse of process or as a second bite at the cherry

Ratio Decidendi

The application for a settlement of property order or lump sum for the child under Children Act 1989 is not barred by issue estoppel or res judicata arising from the prior consent order under Matrimonial Causes Act 1973. The child's developing housing needs merit proper investigation, and the court's jurisdiction for the child's benefit cannot be ousted by prior adult compromise. The application should not be struck out at this stage.

Court Disposition

Application to strike out dismissed; proceedings to continue.

Orders

  • Case to proceed; FDR to be fixed; further disclosure ordered; all applications to be conjoined and dealt with together.