E. -v- F. [2011] IEHC 229 (15 April 2011)

E. -v- F. [2011] IEHC 229 (15 April 2011)

The court has jurisdiction to dismiss an application in limine for contemptuous conduct, but such power should be exercised rarely. In this case, despite the respondent's non-payment and non-disclosure, new economic circumstances and the interests of justice warrant giving the respondent one last opportunity to proceed with his application for variation, subject to strict disclosure requirements and the possibility of dismissal if further default occurs.

Citation
[2011] IEHC 229
Parties
Applicant: L. E.; Respondent: U. F.
Jurisdiction
Ireland
Judgment Date
15 April 2011
Procedural Posture
Family Law Variation of Maintenance Order / Application to Dismiss Variation Application in Limine; Interlocutory Orders
Outcome
Application to dismiss respondent's variation application in limine adjourned generally with liberty to re-enter; strict disclosure orders made against respondent; liberty to apply.
Legal Topics
Variation of Maintenance Orders, Contempt of Court, Non Disclosure of Assets, Abuse of Process, Access to Courts
Family Law Variation of Maintenance Orders Contempt of Court Non Disclosure of Assets Abuse of Process Access to Courts

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Parties

L. E.

Applicant

U. F.

Respondent

Procedural Posture

Family Law Variation of Maintenance Order / Application to Dismiss Variation Application in Limine; Interlocutory Orders

Legal Issues

  1. 1 Whether the respondent's application to vary or discharge a periodical payments order should be dismissed in limine due to contempt of court and non-disclosure
  2. 2 Whether the respondent is entitled to seek relief while in breach of court orders and alleged abuse of process

Ratio Decidendi

The court has jurisdiction to dismiss an application in limine for contemptuous conduct, but such power should be exercised rarely. In this case, despite the respondent's non-payment and non-disclosure, new economic circumstances and the interests of justice warrant giving the respondent one last opportunity to proceed with his application for variation, subject to strict disclosure requirements and the possibility of dismissal if further default occurs.

Court Disposition

Application to dismiss respondent's variation application in limine adjourned generally with liberty to re-enter; strict disclosure orders made against respondent; liberty to apply.

Orders

  • Respondent to provide updated mortgage accounts for family home.
  • Respondent to provide updated statements on Bank of Scotland account.