Mann v Mann

Mann v Mann

The respondent has the means to pay the outstanding sums and is in default; the court is empowered to make interim orders and re-characterise payments as part-payment of the lump sum. Enforcement measures, including committal, are available if default continues.

Parties
Applicant: Shelley Mann; Respondent: David Mann
Jurisdiction
England and Wales
Judgment Date
12 May 2014
Procedural Posture
Family / Enforcement Proceedings; Multiple Interim and Review Hearings
Outcome
Interim and enforcement orders granted; appeals and stays noted; further enquiry and hearing scheduled.
Legal Topics
Enforcement of Financial Orders, Spousal Maintenance, Lump Sum Orders, Periodical Payments, Jurisdiction of Family Court, Committal for Non Payment
Family Law Enforcement of Financial Orders Spousal Maintenance Lump Sum Orders Periodical Payments Jurisdiction of Family Court Committal for Non Payment

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Parties

Shelley Mann

Applicant

David Mann

Respondent

Procedural Posture

Family / Enforcement Proceedings; Multiple Interim and Review Hearings

Legal Issues

  1. 1 Whether the respondent has the means to pay the outstanding lump sum and maintenance
  2. 2 Whether the court has jurisdiction to make interim periodical payments or re-characterise payments as part-payment of a lump sum
  3. 3 Whether the respondent is in wilful default justifying committal

Ratio Decidendi

The respondent has the means to pay the outstanding sums and is in default; the court is empowered to make interim orders and re-characterise payments as part-payment of the lump sum. Enforcement measures, including committal, are available if default continues.

Court Disposition

Interim and enforcement orders granted; appeals and stays noted; further enquiry and hearing scheduled.

Orders

  • Respondent to pay interim periodical payments of £10,000 per month from 1st November, with credit for £4,000 per month already paid, arrears of £42,000 payable within seven days.
  • Future payments to continue at £10,000 per month, subject to review.