Morris v Morris

Morris v Morris

The committal order was procedurally invalid due to failure to inform the respondent of his rights and entitlement to legal aid; the costs order was consequential and must also be set aside; the variation order was within the judge's discretion and not outside the bracket of fair awards, thus the appeal from it is...

Source-derived case information.

Parties
Appellant: Peter Rodney Morris; Respondent: Jane Edwina Morris
Jurisdiction
England and Wales
Judgment Date
10 August 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed in part; committal and costs orders set aside; variation appeal dismissed.
Legal Topics
Variation of Maintenance Order, Committal Proceedings, Procedural Fairness, Costs Order
Family Law Variation of Maintenance Order Committal Proceedings Procedural Fairness Costs Order

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Summary, issues, holding and outcome

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Parties

Peter Rodney Morris

Appellant

Jane Edwina Morris

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the committal order was validly made procedurally and substantively
  2. 2 Whether the variation order reducing maintenance was wrong
  3. 3 Whether the costs order should stand

Ratio Decidendi

The committal order was procedurally invalid due to failure to inform the respondent of his rights and entitlement to legal aid; the costs order was consequential and must also be set aside; the variation order was within the judge's discretion and not outside the bracket of fair awards, thus the appeal from it is dismissed.

Court Disposition

Appeal allowed in part; committal and costs orders set aside; variation appeal dismissed.

Orders

  • Committal order set aside
  • Costs order set aside