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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Mohan v Mohan  EWCA Civ 586 (22 May 2013)
Cite as:  EWCA Civ 586
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ON APPEAL FROM
THE HIGH COURT OF JUSTICE
His Honour Judge Cryan
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE RAFFERTY
LORD JUSTICE KITCHIN
| Svetlana Vladimirovina Mohan
|- and -
WordWave International Limited
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Anu Mohan the Respondent acting in person
Jonathan Glasson QC (instructed by Treasury Solicitor) as Advocate to the Court.
Hearing dates: Wednesday 17th April
Crown Copyright ©
Lord Justice Thorpe:
The Act, the Rules and the cases
"Subject to the provisions hereinafter mentioned, and to the prescribed rules, any court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other competent court.
(2) That such jurisdiction shall only be exercised where it is proved to the satisfaction of the court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same.
Proof of the means of the person making default may be given in such manner as the court thinks just; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath; according to the prescribed rules."
Lady Justice Rafferty:
Lord Justice Kitchin: