Mrs MB v Mr KB

Mrs MB v Mr KB

The application should not be struck out because the child's housing needs are not governed by res judicata or issue estoppel; the court retains jurisdiction to consider developing needs of the child, and the prior consent order does not bar claims made on behalf of the child under the Children Act 1989.

Parties
Claimant: Mrs MB; Defendant: Mr KB
Jurisdiction
England and Wales
Judgment Date
07 March 2007
Procedural Posture
Family / Application to Strike Out Property Settlement/lump Sum Claim Under Children Act 1989
Outcome
Application to strike out dismissed; case may proceed.
Legal Topics
Issue Estoppel, Res Judicata, Child Housing Needs, Periodical Payments, Property Settlement, Consent Orders
Family Law Child Law Issue Estoppel Res Judicata Child Housing Needs Periodical Payments Property Settlement Consent Orders

Case Brief

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Parties

Mrs MB

Claimant

Mr KB

Defendant

Procedural Posture

Family / Application to Strike Out Property Settlement/lump Sum Claim Under Children Act 1989

Legal Issues

  1. 1 Whether the mother's application for a settlement of property order and/or lump sum under Children Act 1989 is barred by issue estoppel or res judicata due to prior consent order under Matrimonial Causes Act 1973
  2. 2 Whether the court has jurisdiction to entertain the application for the child's housing needs
  3. 3 Whether there are radical or overwhelming reasons to revisit the prior order

Ratio Decidendi

The application should not be struck out because the child's housing needs are not governed by res judicata or issue estoppel; the court retains jurisdiction to consider developing needs of the child, and the prior consent order does not bar claims made on behalf of the child under the Children Act 1989.

Court Disposition

Application to strike out dismissed; case may proceed.

Orders

  • Wife entitled to further disclosure regarding father's resources.
  • Fix FDR (Financial Dispute Resolution) hearing and invite grandfather to attend.