WS v HS (appeal - sale of matrimonial home)

WS v HS (appeal - sale of matrimonial home)

The District Judge lacked jurisdiction to grant an interim order for sale under rule 20.2(1)(c)(v) FPR 2010 in the absence of a substantive application under MWPA 1882 or TOLATA 1996; procedural rules cannot override statutory limitations, and the wife’s occupation rights could not be terminated without proper application and statutory basis.

Parties
Applicant: WS; Respondent: HS
Jurisdiction
England and Wales
Judgment Date
28 February 2018
Procedural Posture
Appeal / Permission to Appeal and Appeal Against Interim Order for Sale
Outcome
Appeal allowed; interim order for sale set aside.
Legal Topics
Interim Orders, Sale of Matrimonial Home, Jurisdictional Basis for Interim Relief, Occupation Rights, Financial Remedy Proceedings
Family Law Property Law Interim Orders Sale of Matrimonial Home Jurisdictional Basis for Interim Relief Occupation Rights Financial Remedy Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

WS

Applicant

HS

Respondent

Procedural Posture

Appeal / Permission to Appeal and Appeal Against Interim Order for Sale

Legal Issues

  1. 1 Whether the court had jurisdiction to order interim sale of matrimonial home under rule 20.2(1)(c)(v) FPR 2010
  2. 2 Whether the District Judge properly exercised discretion in granting interim order for sale
  3. 3 Whether the wife’s occupation rights could be terminated by procedural rule

Ratio Decidendi

The District Judge lacked jurisdiction to grant an interim order for sale under rule 20.2(1)(c)(v) FPR 2010 in the absence of a substantive application under MWPA 1882 or TOLATA 1996; procedural rules cannot override statutory limitations, and the wife’s occupation rights could not be terminated without proper application and statutory basis.

Court Disposition

Appeal allowed; interim order for sale set aside.

Orders

  • Order for sale of former matrimonial home set aside.
  • Permission to appeal granted.