Family Law Hub

Mannering v Cook [2020] EWHC 1998 (Ch)

The couple had been together, unmarried, for just over ten years and had two children. There had already been three trial judgments given in separate actions consequent on that breakup, leading to costs orders against the female partner totalling about £90,000, none of which had been paid or were likely to be paid. This new Chancery claim arose out of allegations that the male partner, in his capacity as director of a company in which both parties had held shares, had run substantial parts of it on a cash in hand basis. He applied to strike out or dismiss the claim, and for an extended civil restraint order (CRO) to prevent his former partner making further claims or applications against him without permission. HHJ Parfitt, sitting as a judge of the High Court, struck out the particulars of claim and the claim form on the ground that taken together they impeded the just disposal of the proceedings – they provided no basis for the case to be understood, defended or tried – and did not comply with the rules regarding statements of case. He also struck out the claim on the grounds that it sought to reopen matters decided in previous claims and otherwise failed to set out a cause of action with a reasonable chance of success. An extended CRO was justified, on balance, but it would not extend to family proceedings and it would exclude any application to have an existing limited CRO set aside.

Judgment, published: 24/07/2020

Topics


Published: 24/07/2020

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item