Hamilton v Hamilton [2013] EWCA Civ 13 (24.01.13)

The CA considered whether Parker J at first instance had been entitled to vary an order which she considered to be an order for a lump payable by instalments and which H argued was an order providing for a series of separate lump sum orders and thus not variable. While the CA disagreed with Parker J’s finding that any order for the payment of money over a period of time amounted to a lump sum by instalments in the instant case Parker J had been entitled to find that the order was for a lump sum by instalments and thus the court had discretion to vary this order given the changed financial circumstances of the parties.