T v M
The district judge was not plainly wrong in striking out the husband's application to vary the maintenance order, as no reasonable grounds or significant change in circumstances were demonstrated. The original assessment of the wife's earning capacity was carefully considered, and allowing the application to proceed would not serve a useful purpose.
- Parties
- Appellant: T; Respondent: M
- Jurisdiction
- England and Wales
- Judgment Date
- 23 April 2013
- Procedural Posture
- Family / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Variation of Maintenance Order, Ancillary Relief, Spousal Maintenance, Earning Capacity, Strike Out Application
Case Brief
Summary, issues, holding and outcome
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Parties
T
Appellant
M
Respondent
Procedural Posture
Family / Appeal
Legal Issues
- 1 Whether the district judge was plainly wrong to strike out the husband's application to vary the maintenance order
- 2 Whether there were reasonable grounds for bringing the application to vary
- 3 Whether new evidence regarding the wife's earning capacity justified reopening the matter
Ratio Decidendi
The district judge was not plainly wrong in striking out the husband's application to vary the maintenance order, as no reasonable grounds or significant change in circumstances were demonstrated. The original assessment of the wife's earning capacity was carefully considered, and allowing the application to proceed would not serve a useful purpose.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- Order for husband to pay costs upheld
Full Case Text
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