S v S [2008] EWHC 1925 (Fam) (18 July 2008)

S v S [2008] EWHC 1925 (Fam) (18 July 2008)

On the known facts and even making the most favourable assumptions for the wife, no order for ancillary relief can be made in her favour before satisfaction of the confiscation order, as the assets are insufficient and the legislative steer and public interest in satisfying the confiscation order must prevail. The application for ancillary relief is adjourned generally and can only be restored if and after the confiscation order is satisfied in full.

Citation
[2008] EWHC 1925 (Fam)
Parties
Applicant/wife: JS; Respondent/husband: CS; Child: RS; Third Respondent: FSS; First Intervenor: RCPO; Receiver: Receiver; Second Intervenor: SJ
Jurisdiction
England and Wales
Judgment Date
18 July 2008
Procedural Posture
Ancillary Relief and Related Family/criminal Proceedings / Interlocutory Judgment on Adjournment of Ancillary Relief Pending Satisfaction of Confiscation Order
Outcome
Wife's application for ancillary relief adjourned generally; no order for ancillary relief until confiscation order satisfied in full; child residence and contact matters adjourned to future hearing.
Legal Topics
Ancillary Relief, Confiscation Orders, Asset Freezing, Children Act Proceedings, Case Management, Priority of Claims
Family Law Criminal Law Civil Procedure Ancillary Relief Confiscation Orders Asset Freezing Children Act Proceedings Case Management +1 more

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Parties

JS

Applicant/wife

CS

Respondent/husband

RS

Child

FSS

Third Respondent

RCPO

First Intervenor

Receiver

Receiver

SJ

Second Intervenor

Procedural Posture

Ancillary Relief and Related Family/criminal Proceedings / Interlocutory Judgment on Adjournment of Ancillary Relief Pending Satisfaction of Confiscation Order

Legal Issues

  1. 1 Whether the wife's application for ancillary relief should be adjourned until after satisfaction of a criminal confiscation order against the husband
  2. 2 Whether any provision for the wife or child can be made from restrained assets before the confiscation order is satisfied
  3. 3 Whether the existence of hidden assets justifies proceeding with ancillary relief

Ratio Decidendi

On the known facts and even making the most favourable assumptions for the wife, no order for ancillary relief can be made in her favour before satisfaction of the confiscation order, as the assets are insufficient and the legislative steer and public interest in satisfying the confiscation order must prevail. The application for ancillary relief is adjourned generally and can only be restored if and after the confiscation order is satisfied in full.

Court Disposition

Wife's application for ancillary relief adjourned generally; no order for ancillary relief until confiscation order satisfied in full; child residence and contact matters adjourned to future hearing.

Orders

  • Wife's ancillary relief application adjourned generally, only to be restored if and after confiscation order is satisfied in full.
  • All issues regarding residence and contact for RS adjourned to a hearing in mid-September.