Mann v Mann

Mann v Mann

The respondent has the means to pay the sums ordered and is in wilful default; the court has jurisdiction to make interim orders and re-characterise payments as part-payment of lump sum; enforcement measures are justified given the respondent's conduct and ongoing default.

Source-derived case information.

Parties
Applicant: Shelley Mann; Respondent: David Mann
Jurisdiction
England and Wales
Judgment Date
19 September 2014
Procedural Posture
Family / Enforcement Proceedings Following Financial Orders Post Divorce, With Appeals Pending
Outcome
Interim orders for payment made; enforcement proceedings ongoing; appeals pending; application for permission to appeal dismissed.
Legal Topics
Spousal Maintenance, Lump Sum Orders, Periodical Payments, Enforcement Mechanisms, Appeals, Jurisdictional Challenges
Family Law Enforcement of Judgments Spousal Maintenance Lump Sum Orders Periodical Payments Enforcement Mechanisms Appeals Jurisdictional Challenges

Source-derived case record

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Parties

Shelley Mann

Applicant

David Mann

Respondent

Procedural Posture

Family / Enforcement Proceedings Following Financial Orders Post Divorce, With Appeals Pending

Legal Issues

  1. 1 Whether the respondent has the means to comply with financial orders
  2. 2 Jurisdiction to make interim periodical payments
  3. 3 Characterisation of payments as lump sum or periodical

Ratio Decidendi

The respondent has the means to pay the sums ordered and is in wilful default; the court has jurisdiction to make interim orders and re-characterise payments as part-payment of lump sum; enforcement measures are justified given the respondent's conduct and ongoing default.

Court Disposition

Interim orders for payment made; enforcement proceedings ongoing; appeals pending; application for permission to appeal dismissed.

Orders

  • Respondent to pay applicant £10,000 per month interim periodical payments, with arrears of £42,000 payable within seven days.
  • Payments under interim order to be credited against lump sum liability.