O'Farrell v O'Farrell [2012] EWHC 123 (QB) (01 February 2012)

O'Farrell v O'Farrell [2012] EWHC 123 (QB) (01 February 2012)

The High Court orders registering the German judgments are valid and enforceable as no appeal was made in time; Third Party Debt Orders cannot be made against the Army as the SPVA is part of the Crown and CPR Part 66.7 prohibits such orders; the limitation period for the lump sum is 30 years under German law, not barred by the Limitation Act 1980; enforcement of maintenance arrears older than twelve months requires leave under Matrimonial Causes Act 1973 s.32; the Freezing Injunction is justified to the extent of sums enforceable, but must be varied to include standard exceptions and limited to the enforceable amount.

Citation
[2012] EWHC 123
Parties
Claimant: Mrs Suzanne O'Farrell; Defendant: Mr Robert Sean O'Farrell
Jurisdiction
England and Wales
Judgment Date
01 February 2012
Procedural Posture
Enforcement of Foreign Maintenance and Divorce Judgments / Post Judgment Enforcement; Applications for Third Party Debt Order and Freezing Injunction
Outcome
Third Party Debt Order discharged; Freezing Injunction continued but varied; enforcement limited to arrears due within twelve months prior to enforcement proceedings unless leave obtained under s.32; no order under Crown Proceedings Act 1947 s.27; parties to agree terms of order and costs.
Legal Topics
Enforcement of Foreign Judgments, Maintenance Orders, Freezing Injunctions, Third Party Debt Orders, Limitation Periods, Jurisdiction, Crown Proceedings, Matrimonial Causes
Family Law Civil Procedure Private International Law Enforcement of Foreign Judgments Maintenance Orders Freezing Injunctions Third Party Debt Orders Limitation Periods +3 more

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Parties

Mrs Suzanne O'Farrell

Claimant

Mr Robert Sean O'Farrell

Defendant

Procedural Posture

Enforcement of Foreign Maintenance and Divorce Judgments / Post Judgment Enforcement; Applications for Third Party Debt Order and Freezing Injunction

Legal Issues

  1. 1 Whether the High Court orders registering German judgments are valid and enforceable
  2. 2 Whether a Third Party Debt Order can be made against the Army in respect of Mr O'Farrell's pay/pension
  3. 3 Whether claims under the German judgments are barred by the Limitation Act 1980

Ratio Decidendi

The High Court orders registering the German judgments are valid and enforceable as no appeal was made in time; Third Party Debt Orders cannot be made against the Army as the SPVA is part of the Crown and CPR Part 66.7 prohibits such orders; the limitation period for the lump sum is 30 years under German law, not barred by the Limitation Act 1980; enforcement of maintenance arrears older than twelve months requires leave under Matrimonial Causes Act 1973 s.32; the Freezing Injunction is justified to the extent of sums enforceable, but must be varied to include standard exceptions and limited to the enforceable amount.

Court Disposition

Third Party Debt Order discharged; Freezing Injunction continued but varied; enforcement limited to arrears due within twelve months prior to enforcement proceedings unless leave obtained under s.32; no order under Crown Proceedings Act 1947 s.27; parties to agree terms of order and costs.

Orders

  • Third Party Debt Order against the Army is discharged.
  • Freezing Injunction to be continued but limited to the enforceable sum (about £40,000), with standard exceptions for living and legal expenses.