Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Cartwright v Cartwright

The Times Law Reports Family Court Reports Cited authorities 25 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date03 July 2002
Date03 July 2002
CourtCourt of Appeal (Civil Division)

COURT OF APPEAL

Before Lord Justice Thorpe, Lord Justice Rix and Lady Justice Arden.

Cartwright
and
Cartwright
Variable order is unenforceable

A maintenance order made in matrimonial proceedings by a foreign court, which was variable by that court and so could not be regarded as final and conclusive, constituted a debt which at common law was unenforceable in England and was therefore not provable as a bankruptcy debt.

The Court of Appeal so held when allowing an appeal by the husband, Clive Emil Gustav Cartwright, against the dismissal by Mr Justice Rimer on November 21, 2001, of his appeal against a bankruptcy order made against him by District Judge Field at St Albans County Court.

The bankruptcy petition, brought by the former wife, Simone Mary Cartwright, was based on an order made in Hong Kong on January 14, 1994, for a lump sum payment and arrears of maintenance and interest.

Mr Lloyd Tamlyn, assigned by the Bar Pro Bono Unit, for the husband; Mr Timothy Carlisle for the wife.

LADY JUSTICE ARDEN said that in so far as it provided for periodical payments the Hong Kong order was a maintenance order for the purpose of section 21 of the Maintenance Orders (Reciprocal Enforcement) Act 1972.

If it had been registered pursuant to that Act, it would have constituted an "obligation arising under an order made in family proceedings" for the purposes of rule 12.3(2)(a) of the Insolvency Rules (SI 1986 No 1925) and treated as not provable as a bankruptcy debt by virtue of that rule.

But on the assumption that the provision for periodical payments was variable by the Hong Kong court which made the order, it constituted a debt which was unenforceable in England, since at common law a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT