Appeal court success for Family department

Russells recently represented the Respondent mother in successfully defending an appeal in the High Court.

The background to the case concerned a Consent Order from December 2018 which provided for  the father to make a housing fund of £2.75 million available for the purchase of a new home for the mother and the children. It also made provision for periodical payments and some other capital sums and a costs award for legal fees.  The father lived in Switzerland.

The father sought permission to appeal against directions made by a Judge in the Central Family Court, in respect of the mother’s applications  for enforcement and committal where the father had failed to adhere to the terms of this Consent Order. He was also appealing against Costs Allowance Orders made by the lower court, in order for the mother to pursue the enforcement of the Consent Order.  The father also sought to admit further evidence in support of his application.

The father’s application to admit further evidence was dismissed as being totally without merit and the father’s application for permission to appeal was refused.  Although it is unusual for a Costs Order to be made in permission applications, the Judge also awarded costs to the mother for the work which had to be carried out to defend the father’s application. 

The full judgment can be found here:  https://www.bailii.org/ew/cases/EWHC/Fam/2020/2906.html

The Family and Matrimonial Department here at Russells regularly represent clients in complex Schedule 1 matters including those where there is a huge disparity in assets between the parties and where assets are held outside of the jurisdiction. 

Please contact Carol Ellinas or Lucy Hoare in the Family and Matrimonial department for further advice and assistance.

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