Mohan v Mohan

The Court of Appeal did not determine the substantive issues concerning enforcement of lump sum orders or alleged non-compliance with disclosure requirements. Where an appeal raises issues of general importance in a difficult and complex area, and the respondent is absent and unrepresented, it may be unsafe to proceed without further assistance. The court may grant permission, enlarge the application into a full appeal, seek the appointment of an advocate to the court, and adjourn the appeal for relisting.

The wife sought to enforce lump sum orders against her former husband. The proceedings included an enforcement application and a committal application based on alleged inadequate disclosure. The judge below also made further orders requiring financial disclosure, attendance and statements of truth. At the Court of Appeal hearing, the husband was absent and unrepresented. The court considered that the issues were of general importance, involved numerous and complex authorities, and extended across civil and criminal law. The immediate issue was whether the appeal could safely be determined in the respondent’s absence.

1. Permission and adjournment. The court granted permission to appeal and enlarged the permission application into a full appeal. It adjourned determination of the appeal.
2. Need for further assistance. The issues raised were of general importance. The relevant authorities were numerous, complex and drawn from different fields of law. In circumstances where the respondent was absent and had explained his unwillingness or inability to attend, all members of the court considered it unsatisfactory and unsafe to proceed to judgment without hearing another view.
3. Advocate to the court. The court sought the appointment of an advocate to the court to provide an additional perspective on the difficult legal issues. The appeal was to be relisted as soon as practicable after the advocate’s instruction.
4. Constitution of the court. The court expressed a preference for retaining the same constitution. If that was not possible, the general composition was to be replicated by including a Chancery specialist, a family specialist and a criminal specialist.
5. Order. Application granted; appointment of advocate to the court sought; appeal adjourned.

• Court of Appeal (Civil Division): Permission granted; the application was enlarged into a full appeal, an advocate to the court was sought, and the appeal was adjourned.
• Principal Registry Family Division: His Honour Judge Cryan made orders concerning financial disclosure, attendance and statements of truth in the context of enforcement and committal proceedings.