The district judge acceded to this application by ordering increased periodical payments capitalised at £202,000. At the time of the original order in 1981 the court had no power to dismiss an applicant's claim for periodical payments against her will – see "The ground rents in the original Order were providing a high income then but were fixed and unable to keep up with inflation. The parties were married in October 1964 and had three children who are now all adult: Andrew born in November 1964, David born in 1967 and Catherine born in 1970. However he went on to record factors which brought the outcome within the broad ambit of the judicial discretion.
She had a paid-for house and capital sufficient to produce a substantial income with a small amount of effort, or a slightly reduced income by appointing a commission Agent leaving her entirely free to work."11. He is not an insurer against all hazards nor, when fairness is the measure, is he necessarily liable for needs created by the applicant's financial mismanagement, extravagance or irresponsibility. Indeed the concluding paragraphs of the judgment were internally contradictory. But, in my judgment, what is pleaded in a Notice of Appeal is not determinative as to that. Above all he emphasised the District Judge's repeated conclusion that the husband should not be responsible for the wife's financial self-destruction.
Plainly given the escalation of costs resulting from both an investigation of superfluous byways at the trial and the need for a second appeal, the option of remitting the case for further investigation by Charles J is impractical. Thus the territory between those extremes has not been canvassed in argument.
The District Judge rehearsed the salient facts and factors in his judgment, applied the law, and came to a decision that not only was the wife entitled to be awarded periodical payments but also that the annual figure of £16,500 was well within his discretion.
40. In his statement he refers to those events more in terms of the wife having agreed to have the terms removed from the Order ending his financial obligations in recognition of that having, in his opinion, been in full settlement, with his subsequent payments to her being ex gratia.43.
In my opinion the otherwise careful judgment of the District Judge is fatally flawed in its concluding paragraphs. She moved to Australia in October 2000. What are Mrs North's reasonable needs now? £6000 was an above average income in 1981.
Once within the territory of discretion, the court's over arching objective is a fair result. Even the applicant's subjective sense of fairness should surely not encourage her to expect that someone from whom she was divorced so many years ago should be required in law to compensate her for the financial consequences of ill-advised choices. Set before, during, and immediately after the American Civil War, they are based on the 1980s trilogy of novels North and South by John Jakes. Mr North disputes this saying that in reality she simply visited. 34. From December 1998, Mrs North chose to give up this financial security in England for insecurity in Australia.
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