Civil procedure – Non-compliance – Suspended committal orders

Re A (a child) (2010) CA (Civ Div) (Lords Justice Maurice Kay, Thorpe, Patten): 17 September 2010

The appellant father (F) appealed against a suspended committal order made against him so as to facilitate the enforcement of the payment of arrears of periodical payments to the respondent mother (M). After the order had been made, directions were given by the Court of Appeal requiring F to file an appeal bundle that clearly identified his grounds of appeal by a given date. F failed to comply with the directions.

Held: The court was faced with a situation where F had chosen not to appear before it. The excuse proffered for that failure was that F was seeking employment. However, given findings by the trial judge that F was a man lacking in integrity and responsibility who was willing to avoid funding M, the court could not give F any credit. The reality was that F could avoid imprisonment without paying any more payments to M if he sought to remain as he was outside of the jurisdiction. When the appeal was looked at in context it was clearly of little merit and fell to be dismissed.

Appeal dismissed.

Non-counsel representative for the appellant; the respondent appeared in person.