Mann v Mann

Mann v Mann

The respondent owes the applicant a principal sum of £624,886 (excluding interest) under the revived 2005 order and mediation agreements, after set-off of all payments made. Interest is recoverable at 8% simple for six years only, not on maintenance arrears or rent. The applicant is granted leave to enforce all arrears of child maintenance. The respondent is not to be committed for non-payment as the applicant has not proved beyond reasonable doubt that he has or had the means to pay and refused or neglected to do so.

Parties
Applicant: Shelley Mann; Respondent: David Anthony Mann
Jurisdiction
England and Wales
Judgment Date
18 January 2016
Procedural Posture
Family Enforcement Application / Judgment on Enforcement of Financial Order
Outcome
Application for committal dismissed; enforcement of judgment debt allowed subject to calculation of interest.
Legal Topics
Enforcement of Financial Orders, Interest on Judgment Debts, Committal for Non Payment, Limitation of Actions, Child Maintenance, Spousal Maintenance, Mediation Agreements
Family Law Enforcement of Judgments Enforcement of Financial Orders Interest on Judgment Debts Committal for Non Payment Limitation of Actions Child Maintenance Spousal Maintenance +1 more

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Parties

Shelley Mann

Applicant

David Anthony Mann

Respondent

Procedural Posture

Family Enforcement Application / Judgment on Enforcement of Financial Order

Legal Issues

  1. 1 Whether the respondent owes the applicant outstanding sums under a 2005 financial order and subsequent mediation agreements; whether interest is recoverable on the judgment debt and for what period; whether the respondent has the means to pay and should be committed for non-payment; the effect of limitation statutes on recovery of interest; allocation of payments between capital, maintenance, and rent.

Ratio Decidendi

The respondent owes the applicant a principal sum of £624,886 (excluding interest) under the revived 2005 order and mediation agreements, after set-off of all payments made. Interest is recoverable at 8% simple for six years only, not on maintenance arrears or rent. The applicant is granted leave to enforce all arrears of child maintenance. The respondent is not to be committed for non-payment as the applicant has not proved beyond reasonable doubt that he has or had the means to pay and refused or neglected to do so.

Court Disposition

Application for committal dismissed; enforcement of judgment debt allowed subject to calculation of interest.

Orders

  • Declaration that the respondent owes the applicant £624,886 excluding interest;
  • Leave granted to enforce all arrears of child maintenance;