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 they were not appealed in time. A Third Party Debt Order cannot be made against the Army as the SPVA is part of the Crown and such orders are barred by CPR Part 66.7. The limitation period for the lump sum order is 30 years under German law, and only maintenance arrears from the 12 months before enforcement are presently enforceable without leave under Matrimonial Causes Act 1973 s.32. The Freezing Injunction is justified but must be limited to the enforceable sum, include standard exceptions for living and legal expenses, and be subject to Mrs O'Farrell undertaking to apply for leave under s.32 for older...

Citation
[2012] EWHC 123 (QB)
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 / Judgment After Hearing of Applications for Enforcement, Freezing Injunction, and Third Party Debt Order
Outcome
Partial enforcement granted; Third Party Debt Order discharged; Freezing Injunction continued with modifications
Legal Topics
Enforcement of Foreign Judgments, Maintenance Orders, Freezing Injunctions, Third Party Debt Orders, Limitation Periods, Jurisdiction, Crown Proceedings
Family Law Civil Procedure Private International Law Enforcement of Foreign Judgments Maintenance Orders Freezing Injunctions Third Party Debt Orders Limitation Periods +2 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 / Judgment After Hearing of Applications for Enforcement, Freezing Injunction, and Third Party Debt Order

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 or 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 they were not appealed in time. A Third Party Debt Order cannot be made against the Army as the SPVA is part of the Crown and such orders are barred by CPR Part 66.7. The limitation period for the lump sum order is 30 years under German law, and only maintenance arrears from the 12 months before enforcement are presently enforceable without leave under Matrimonial Causes Act 1973 s.32. The Freezing Injunction is justified but must be limited to the enforceable sum, include standard exceptions for living and legal expenses, and be subject to Mrs O'Farrell undertaking to apply for leave under s.32 for older...

Court Disposition

Partial enforcement granted; Third Party Debt Order discharged; Freezing Injunction continued with modifications

Orders

  • Third Party Debt Order against the Army is discharged
  • No order made under CPR 66.7(3) and Crown Proceedings Act 1947 s.27 regarding Mr O'Farrell's pay