Wilmot v Maughan

Wilmot v Maughan

The application to set aside orders was not made promptly and did not meet the threshold for exceptional circumstances justifying variation or revocation. The Family Procedure Rules permit the court to order alternative service, including by email, even where the Hague Convention applies, provided it is not contrary to the law of the receiving country. The husband's arguments did not establish that the orders were void or that there was any procedural defect requiring the orders to be set aside.

Parties
Appellant: Richard Michael Edmund Wilmot; Respondent: Viki Natasha Maughan
Jurisdiction
England and Wales
Judgment Date
27 October 2017
Procedural Posture
Appeal / Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed
Legal Topics
Service of Process, Hague Convention 1965, Alternative Service, Setting Aside Orders, Finality of Litigation
Family Law Civil Procedure Service of Process Hague Convention 1965 Alternative Service Setting Aside Orders Finality of Litigation

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Parties

Richard Michael Edmund Wilmot

Appellant

Viki Natasha Maughan

Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether orders permitting service by email on a party resident abroad were null and void for non-compliance with the Hague Convention 1965 and Family Procedure Rules
  2. 2 Whether the court had jurisdiction to order alternative service by email out of the jurisdiction
  3. 3 Whether the application to set aside orders was made promptly and in accordance with principles governing variation or revocation of orders

Ratio Decidendi

The application to set aside orders was not made promptly and did not meet the threshold for exceptional circumstances justifying variation or revocation. The Family Procedure Rules permit the court to order alternative service, including by email, even where the Hague Convention applies, provided it is not contrary to the law of the receiving country. The husband's arguments did not establish that the orders were void or that there was any procedural defect requiring the orders to be set aside.

Court Disposition

Appeal dismissed