M.D -v- E.H.D [2012] IEHC 580 (20 April 2012)

M.D -v- E.H.D [2012] IEHC 580 (20 April 2012)

The lump sum payment order of €75,000 is not reviewable under s.18 of the Family Law Act 1995 because it is not an instalment order; only such orders are reviewable. Motions to review or vary must be brought to the court of first instance, which is the Circuit Court in this case.

Citation
[2012] IEHC 580
Parties
Applicant: M. D.; Respondent: E. H. D.
Jurisdiction
Ireland
Judgment Date
20 April 2012
Procedural Posture
Circuit Appeal / Judgment on Motions to Enforce and Review High Court Order
Outcome
application to review refused; enforcement motion jurisdiction clarified
Legal Topics
Judicial Separation, Lump Sum Payment, Enforcement of Orders, Review of Orders
Family Law Judicial Separation Lump Sum Payment Enforcement of Orders Review of Orders

Case Brief

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Parties

M. D.

Applicant

E. H. D.

Respondent

Procedural Posture

Circuit Appeal / Judgment on Motions to Enforce and Review High Court Order

Legal Issues

  1. 1 Whether the lump sum payment order can be reviewed under s.18 of the Family Law Act 1995
  2. 2 Jurisdiction for enforcement and review motions after High Court appeal

Ratio Decidendi

The lump sum payment order of €75,000 is not reviewable under s.18 of the Family Law Act 1995 because it is not an instalment order; only such orders are reviewable. Motions to review or vary must be brought to the court of first instance, which is the Circuit Court in this case.

Court Disposition

application to review refused; enforcement motion jurisdiction clarified

Orders

  • The application to review the lump sum payment order is refused.
  • Jurisdiction for enforcement and review motions clarified as per judgment.