Mubarak v Mubarik [2008] JRC 095A (13 June 2008)

Mubarak v Mubarik [2008] JRC 095A (13 June 2008)

The husband's failure to comply with maintenance orders justifies expedited appeal requirements and conditional leave to amend, but procedural fairness requires opportunity to appeal and adjournment of security for costs to Deputy Bailiff.

Citation
[2008] JRC 095A
Parties
Husband: Mr Mubarik; Wife: wife
Jurisdiction
Jersey
Judgment Date
13 June 2008
Procedural Posture
Family Law Enforcement / Post Judgment Enforcement
Outcome
Order varied; expedited appeal filing; conditional leave to amend; enforcement of maintenance payments; adjournment of security for costs; costs awarded to wife.
Legal Topics
Maintenance Arrears, Appeal Procedure, Security for Costs
Family Law Maintenance Enforcement Maintenance Arrears Appeal Procedure Security for Costs

Case Brief

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Parties

Mr Mubarik

Husband

wife

Wife

Procedural Posture

Family Law Enforcement / Post Judgment Enforcement

Legal Issues

  1. 1 Non-compliance with maintenance order
  2. 2 Timing and conditions for appeal
  3. 3 Security for costs

Ratio Decidendi

The husband's failure to comply with maintenance orders justifies expedited appeal requirements and conditional leave to amend, but procedural fairness requires opportunity to appeal and adjournment of security for costs to Deputy Bailiff.

Court Disposition

Order varied; expedited appeal filing; conditional leave to amend; enforcement of maintenance payments; adjournment of security for costs; costs awarded to wife.

Orders

  • Notice of appeal by husband to be lodged within 2 days of order.
  • Leave to amend appeal reserved to single Judge of Court of Appeal.