Enforcement: Burden of proof

Vardags | Family Law Journal | September 2016 #159
Naomi Rainey compares the different judicial approaches to the evidential burden on an application for a judgment summons ‘In the absence of a case to answer being demonstrated, the respondent is entitled to have the application for a judgment summons dismissed.’ The decision in Migliaccio v Migliaccio [2016] follows a stream of Court of Appeal …

Continue reading "Enforcement: Burden of proof"

This post is only available to members.

Enforcement: Fatal errors

International Family Law Group | Family Law Journal | February 2013 #123
Carmel Brown considers the importance of procedure in applications for committal Committal can only flow if the judgment creditor proves that the debtor had or did have the means to pay the sum in regard to which they had defaulted. The Court of Appeal decision in Zuk v Zuk [2012] concerned the husband’s appeal against …

Continue reading "Enforcement: Fatal errors"

This post is only available to members.