Milton v Milton

Milton v Milton

The district judge's order granting thirty-six months for payment of the lump sum was not justified by the evidence or circumstances; fairness required a shorter period for payment, set at one year from the original judgment.

Parties
Applicant: Mr Milton; Respondent: Mrs Milton
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Ancillary Relief, Clean Break, Lump Sum Payment, Enforcement of Financial Orders
Family Law Ancillary Relief Clean Break Lump Sum Payment Enforcement of Financial Orders

Case Brief

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Parties

Mr Milton

Applicant

Mrs Milton

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the district judge erred in granting the respondent thirty-six months to pay the lump sum ordered in ancillary relief proceedings
  2. 2 Whether the quantum of £60,000 was appropriate
  3. 3 Whether security for payment should have been ordered

Ratio Decidendi

The district judge's order granting thirty-six months for payment of the lump sum was not justified by the evidence or circumstances; fairness required a shorter period for payment, set at one year from the original judgment.

Court Disposition

appeal allowed

Orders

  • Period for payment of £60,000 lump sum by respondent to applicant shortened to 6 December 2008
  • Application for permission to appeal granted