Sutherland, R (on the application of) v Secretary of State for Work and Pensions

Sutherland, R (on the application of) v Secretary of State for Work and Pensions

The limitation period for instituting proceedings for a liability order under Regulation 28(2) does not begin to run until the date the maintenance assessment is made and notified to the absent parent, as this is when the legal obligation to pay arises. The magistrates were correct in ruling that the payments only...

Source-derived case information.

Parties
Claimant: Phillip Sutherland; Defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
25 March 2004
Procedural Posture
Judicial Review / Case Stated Appeal / Judgment on Appeal by Way of Case Stated
Outcome
Appeal dismissed
Legal Topics
Child Support, Limitation Periods, Enforcement of Maintenance Orders
Family Law Administrative Law Child Support Limitation Periods Enforcement of Maintenance Orders

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Parties

Phillip Sutherland

Claimant

Secretary of State for Work and Pensions

Defendant

Procedural Posture

Judicial Review / Case Stated Appeal / Judgment on Appeal by Way of Case Stated

Legal Issues

  1. 1 When does the limitation period for instituting proceedings for a liability order under the Child Support (Collection and Enforcement) Regulations 1992 begin to run?
  2. 2 Does the limitation period run from the date the maintenance assessment is made or from the date the payments are notionally due?
  3. 3 Can the magistrates amend the sum claimed in a liability order application if some sums are out of time?

Ratio Decidendi

The limitation period for instituting proceedings for a liability order under Regulation 28(2) does not begin to run until the date the maintenance assessment is made and notified to the absent parent, as this is when the legal obligation to pay arises. The magistrates were correct in ruling that the payments only became due on 13th October 1997, and thus the application was not time-barred.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; magistrates' decision upheld
  • Costs awarded to the Secretary of State, subject to detailed assessment if not agreed