Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, by way of judicial review, refuses to grant order of certiorari striking out a motion seeking to enforce a maintenance order, on the grounds that even if the District judge misconstrued the separation agreement and the intention of the parties to be gleaned therefrom, such an error was clearly made within jurisdiction, and therefore the appropriate remedy for the applicant to have pursued was an appeal to the High Court.
Family law – maintenance – appeal of striking out of motion seeking to enforce a maintenance order – agreement in writing dealing with the financial arrangements between the parties – s. 13 of the Family Law (Divorce) Act 1996 – periodical payment order – pension adjustment order made pursuant to s. 12 of the Family Law Act 1995 – whether a maintenance order is terminated by the coming into effect of a pension adjustment order – whether judicial review is the appropriate remedy – judge’s conclusion was based on a full consideration of all the evidence in the application before him – if there was an error it was an error made within jurisdiction – appropriate remedy for the applicant to have pursued was an appeal to the High Court – reliefs sought refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now