SS v RS

SS v RS

There is no legal basis for compensation under the Domestic Abuse Act or for breach of undertaking as claimed. The applicant suffered no actionable loss and the application is struck out.

Parties
Applicant: SS; Respondent: RS
Jurisdiction
England and Wales
Judgment Date
16 March 2023
Procedural Posture
Family / Final Judgment
Outcome
Application struck out
Legal Topics
Financial Remedy, Mortgage Liability, Compensation, Domestic Abuse Act, Costs
Family Law Financial Remedy Mortgage Liability Compensation Domestic Abuse Act Costs

Case Brief

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Parties

SS

Applicant

RS

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to compensation for delayed release from mortgage
  2. 2 Whether the respondent breached her undertaking to procure release from mortgage
  3. 3 Whether the Domestic Abuse Act 2021 provides a basis for financial compensation in these circumstances

Ratio Decidendi

There is no legal basis for compensation under the Domestic Abuse Act or for breach of undertaking as claimed. The applicant suffered no actionable loss and the application is struck out.

Court Disposition

Application struck out

Orders

  • No further application regarding the former matrimonial home or related debts/loss to be issued or proceeded with unless applicant complies with order to provide unrestricted email address.
  • Applicant to pay £4,500 plus VAT (£5,400 total) towards respondent's costs.