Kremen v Agrest

Kremen v Agrest

Permission to appeal is granted because the grounds advanced by the wife raise a real prospect of success regarding the interpretation and application of section 5 of the Debtors Act and the exercise of judicial discretion in discharging the committal order.

Parties
Appellant: Ms Kremen; Respondent: Mr Agrest
Jurisdiction
England and Wales
Judgment Date
13 April 2011
Procedural Posture
Civil Appeal (family/financial Relief) / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Committal Orders, Enforcement of Maintenance, Variation of Orders, Debtors Act, Ancillary Relief
Family Law Civil Procedure Committal Orders Enforcement of Maintenance Variation of Orders Debtors Act Ancillary Relief

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Parties

Ms Kremen

Appellant

Mr Agrest

Respondent

Procedural Posture

Civil Appeal (family/financial Relief) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Holman J erred in discharging the committal order against the husband under section 5 of the Debtors Act
  2. 2 Whether the payment from funds held in court constituted satisfaction of the debt for purposes of discharge
  3. 3 Whether the judge exercised discretion appropriately in discharging the committal order without the husband's attendance or legal representation

Ratio Decidendi

Permission to appeal is granted because the grounds advanced by the wife raise a real prospect of success regarding the interpretation and application of section 5 of the Debtors Act and the exercise of judicial discretion in discharging the committal order.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal is granted.
  • The appeal to be heard by a court of three, including one High Court judge if necessary, with family law experience.