Bhardwaj v Bhardwaj

An appeal against a purely maintenance-pending-suit order is generally not admitted under established practice. In any event, a second-tier appeal cannot be entertained under section 55 of the Access to Justice Act 1999 unless it raises an important point of principle or practice or there is another compelling reason. The provisional nature of the order and the ability to correct any error through final capital-division orders did not satisfy that threshold.

Ashok K. Bhardwaj sought permission to appeal against an order made by His Honour Judge Connor in the Watford County Court. That order concerned an appeal from District Judge Davies’s maintenance pending suit adjudication, which required him to provide approximately £3,600 per month for his wife and three children, subject to adjustment by the Agency.

The central issue was whether the Court of Appeal should entertain a further appeal concerning a provisional financial order.

Lord Justice Thorpe dismissed the application for permission to appeal.

1. Established practice. An order that is purely for maintenance pending suit is not ordinarily admitted to the Court of Appeal by way of appeal. The order was provisional and related to support pending the final resolution of the matrimonial finances.
2. Statutory threshold. Even if the order were capable of appeal, section 55 of the Access to Justice Act 1999 prevented the Court of Appeal from entertaining a second-tier appeal unless it raised an important point of principle or practice or there was some other compelling reason. That test was not satisfied.
3. Correction of any error. The lower appellate judge had properly recognised that any error revealed on further investigation could be addressed by giving the husband credit in the final orders for division of capital. The provisional character of the order therefore supplied no compelling reason for a further appeal.
4. Order. The application for permission to appeal was dismissed as misconceived and hopeless.

1. Court of Appeal (Civil Division): On 19 January 2001, Lord Justice Thorpe dismissed the application for permission to appeal: [2001] EWCA Civ 72.
2. Watford County Court: His Honour Judge Connor declined to interfere with the maintenance pending suit order when determining Mr Bhardwaj’s appeal.
3. Watford County Court: District Judge Davies made the maintenance pending suit adjudication on 13 April 2000.