Mann v Mann

Mann v Mann

The respondent has the means to pay the outstanding sums and is in wilful default; the court has jurisdiction to make and re-characterise orders for payment; enforcement measures including imprisonment and sequestration are justified.

Parties
Applicant: Shelley Mann; Respondent: David Mann
Jurisdiction
England and Wales
Judgment Date
12 June 2014
Procedural Posture
Family / Enforcement Proceedings Post Divorce, Multiple Hearings and Appeals
Outcome
Orders for payment upheld; enforcement proceedings to continue; application for permission to appeal dismissed; appeals pending on certain orders.
Legal Topics
Spousal Maintenance, Lump Sum Orders, Periodical Payments, Enforcement, Appeals
Family Law Enforcement of Financial Orders Spousal Maintenance Lump Sum Orders Periodical Payments Enforcement Appeals

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Parties

Shelley Mann

Applicant

David Mann

Respondent

Procedural Posture

Family / Enforcement Proceedings Post Divorce, Multiple Hearings and Appeals

Legal Issues

  1. 1 Whether the respondent has the means to pay the outstanding lump sum and periodical payments
  2. 2 Jurisdiction to make interim periodical payments order
  3. 3 Characterisation of payments as periodical or lump sum

Ratio Decidendi

The respondent has the means to pay the outstanding sums and is in wilful default; the court has jurisdiction to make and re-characterise orders for payment; enforcement measures including imprisonment and sequestration are justified.

Court Disposition

Orders for payment upheld; enforcement proceedings to continue; application for permission to appeal dismissed; appeals pending on certain orders.

Orders

  • Interim periodical payments order of £10,000 per month from 1st November, with arrears of £42,000 payable within seven days.
  • Payments under emergency order to be credited against lump sum liability.