Gladwell v Gladwell

Practice – Family proceedings. A High Court writ of control could only be issued in a case otherwise proceeding in the Family Court if (and only if) a transfer to the High Court of the proceedings had been authorised by the President of the Family Division, a judge of the Court of Appeal or a puisne judge. Accordingly, the Family Court ruled that a High Court writ of control (concerning a lump sum which the husband had been required to pay the wife, by virtue of a consent order made in divorce proceedings) had not been lawfully generated and issued, because no order sanctioning a transfer of the proceedings to the High Court had been made by the President of the Family Division, a judge of the Court of Appeal or a puisne judge. Accordingly, the writ of control was set aside and the High Court enforcement officers were ordered to return, to the husband, the sum of £8,304.72 which had been wrongly taken from him as part of the enforcement process.

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