header-logo header-logo

17 February 2017
Categories: Case law , Judicial line , In Court
printer mail-detail

Mortgage release out of order

The draft “Mostyn” financial remedies order provides for the court to actually order a party to procure mortgage release and to indemnify. By virtue of what authority can the court do this? Also, is it essential for a child periodical payments order to apportion maintenance between more than one child rather than just order a global sum?

The High Court powers given to the family court by Matrimonial and Family Proceedings Act 1984, s 31E(1) may enable it to order one party to indemnify the other, but there is no authority for making an order requiring release from a mortgage. On the contrary, the Court of Appeal has expressed the view that the court is not able to order a party to secure release from a mortgage: see Birch v Birch [2015] EWCA Civ 833, [2015] All ER (D) 34 (Aug). The position should be covered by an undertaking and the order should make provision for enforcement in the event of non-compliance.

An order for periodical payments may be made in a global sum

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll