Logan v Logan [2009] NIFam 10 (16 June 2009)

Logan v Logan [2009] NIFam 10 (16 June 2009)

The Respondent is beneficially entitled to one-third of the DARD payments, which is sufficient to discharge the judgment debt. Leave is granted to enforce arrears more than twelve months old, and a garnishee order is made for £12,000 to be paid by DARD to the Petitioner's solicitors.

Citation
[2009] NIFam 10
Parties
Petitioner: Eileen Logan; Respondent: Francis Gerard Logan
Jurisdiction
Northern Ireland
Judgment Date
16 June 2009
Procedural Posture
Family Law Matrimonial/maintenance Enforcement / Enforcement of Maintenance Order; Applications for Garnishee and Leave to Enforce Arrears
Outcome
Applications granted
Legal Topics
Maintenance Arrears, Garnishee Proceedings, Leave to Enforce Out of Time Arrears, Attachment of Debts
Family Law Enforcement of Judgments Maintenance Arrears Garnishee Proceedings Leave to Enforce Out of Time Arrears Attachment of Debts

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Eileen Logan

Petitioner

Francis Gerard Logan

Respondent

Procedural Posture

Family Law Matrimonial/maintenance Enforcement / Enforcement of Maintenance Order; Applications for Garnishee and Leave to Enforce Arrears

Legal Issues

  1. 1 Whether leave should be granted to enforce maintenance arrears more than twelve months old
  2. 2 Whether a garnishee order should be made against DARD for the Respondent's share of farm payments
  3. 3 Whether the Respondent is beneficially entitled to a share of DARD payments

Ratio Decidendi

The Respondent is beneficially entitled to one-third of the DARD payments, which is sufficient to discharge the judgment debt. Leave is granted to enforce arrears more than twelve months old, and a garnishee order is made for £12,000 to be paid by DARD to the Petitioner's solicitors.

Court Disposition

Applications granted

Orders

  • Garnishee order made for £12,000 to be paid by DARD to Petitioner's solicitors by 29 June 2009
  • DARD to pay £25,773 to Padraig Logan and John Logan or their solicitors by 6 July 2009