Horsman v Horsman ; H v H (Financial Provision: Application to Terminate Wife's Right to Periodical Payments)

JurisdictionEngland & Wales
Judgment Date1993
Date1993
Year1993
CourtFamily Division

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5 cases
  • Shelley Mann v David Anthony Mann
    • United Kingdom
    • Family Division
    • 18 January 2016
    ...which prevents the enforcement of "stale" arrears unless there is a sound reason to allow enforcement: see H v H (Financial Provision) [1993] 2 FLR 35 at page 42, per Thorpe LJ. This is the rationale for requiring a judgment creditor to secure the court's permission in respect of arrears wh......
  • Re T (Interim Care Order: Arrangements for Contact)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 7 May 2024
    ...(and see the rubric at the head of the judgment itself). No other authority cited to us (including X v Y [2019] EWHC 1713 (Fam), and H v H [1993] 2 FLR 35) convincingly demonstrated that the Judge was right to regard the recitals as enforceable as if they were free-standing court 43 But ref......
  • Mark Austin v Christina Haynes
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 15 December 2021
    ...by the court in these proceedings. That argument was rejected by Williams J for the following reasons: “33. Thorpe J in H v H (Financial Provision) [1993] 2 FLR 35 took no issue with the proposition that a recital can be enforced as if it had been an order of the court. Atkinson and another......
  • Michael Woodroffe v Pamela Woodroffe (Nee Collins)
    • Bermuda
    • Court of Appeal (Bermuda)
    • 12 April 2021
    ...on the legal principles to be applied in the exercise of the court's section 36 discretion. She started by referring to H v H [1993] 2 FLR 35, in which Thorpe J had similarly commented that there did not appear to be much English authority on the principles to be applied. Further cases refe......
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