i-law

Litigation Letter

No security in ancillary relief

Bradley v Bradley CA Civ Div 8 May; SJ 29 May p31

In ancillary relief proceedings, the wife was ordered to make a lump sum payment to the husband accompanied by a clean break order. The husband successfully appealed against the clean break order, which prepared the way for him to make an application for interim periodical payments. The judge dismissed the wife’s application for security for costs on the grounds that there was no jurisdiction to make such an order, but did grant a stay of execution of the payment of the lump sum until the determination of the application for periodical payments in order to protect the wife from costs orders yet to be made.

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