Zuk v Zuk [2012] EWCA Civ 1331
[1]This appeal comes before us on a skeleton argument settled by Ms Greenan. However, at the last moment Ms Greenan has had to return the brief to Ms Allman and Ms Allman has candidly and in a commendably straightforward way told us that she wishes to take a number of points which had not occurred to Ms Greenan.[2]Ms Allman wants to say that the proper procedure can only be under the Debtors Act. Under that Act the judge must be satisfied that the debtor has the means to pay and, if so satisfied, cannot commit for more than six weeks’ imprisonment. Secondly, she wants to say that the application which appears at page A28 was not the proper application. Furthermore, she wants to say that he was not properly served, namely personal service at least 14 days before the return date. Thirdly, she wants to say that this process did not comply with the Family Procedure Rules part 33 and the practice direction thereto.[3]We have accordingly granted Ms Allman an adjournment to put her house in order. She will within seven days amend the grounds of appeal and file a supplemental skeleton argument elaborating on her fresh points. Those amended documents must be served on the respondent.[4]The respondent wife has perhaps very little interest in this ongoing appeal given that Mr Zuk has been released from prison and at liberty since 23 March and there is no sign of any money coming her way. So we must anticipate the real possibility, perhaps the probability, that she will not respond to this appeal on the next occasion. Given that we are being asked to decide procedural points which will be of general application in this field it is essential that we should have the assistance of argument from what used to be called an amicus curiae, and one of the lawyers in the court office will need to make the necessary arrangements if she does not respond.[5]My Lord suggests very sensibly that we should add a direction that the respondent files a position statement, if she intends to oppose the adjourned appeal, within 28 days of service upon her of the amended grounds of appeal and amended skeleton argument.[6]Six weeks after the filing of the amended grounds and skeleton the family lawyer in the office will return the papers to me for consideration.[7]We will reserve the costs of today.[8]Any additional evidence that the appellant wishes to adduce can be made the subject of an application which equally should be filed within seven days.[9]We have indicated we have all been in this position. Today you have bravely put these points before us in the finest traditions of the Bar and allowed the case to proceed with greater clarity than had hitherto been the case, so for my part -- and I suspect I speak for all three of us -- I am grateful.[10]I am grateful.Order
Application adjourned