Financial Remedies Journal: Austin v Haynes [2021] EWCA Civ 1919

Austin v Haynes [2021] EWCA Civ 191915 December 2021

Published: 25/02/2022 09:00

Alexandra Hampton | Assistant Case EditorAlex is a junior barrister at Queen Elizabeth Building. She is building a practice across the full spectrum of private family law, with a particular focus on financial remedies.

https://www.bailii.org/ew/cases/EWCA/Civ/2021/1919.html

Moylan LJ (judgment), Underhill LJ and Davies LJ. The Court of Appeal dismissed an appeal against, inter alia, (a) an interim charging order to enforce arrears of sums due under a consent order in Schedule 1 proceedings; and (b) an order varying an obligation under the consent order to provide a 'housing fund' by inserting a date for payment. The relevant provisions of the consent order were recorded as agreements, and the judgment provides a helpful summary at [23] and [84] on enforcement of recitals. The Court of Appeal rejected arguments that there had been any procedural impropriety – with a warning to practitioners to raise such points at first instance – and held that the orders made were not wrong in law or principle.