Stodgell v Stodgell

Stodgell v Stodgell

On the facts, even making the most favourable assumptions for the wife, there are insufficient assets to satisfy both the confiscation order and any ancillary relief. The scale and nature of the offending, the fact that the state is the victim, and the pervading effect of the tax evasion on all family assets mean that satisfaction of the confiscation order must take priority. The wife's claims for ancillary relief are adjourned generally and cannot be restored until the confiscation order is satisfied in full. No further provision for costs or maintenance will be made from the restrained assets, save for limited transitional payments. The court will not entertain further hearings on...

Parties
Applicant/wife: Joselita Maria Pereira de Silva Stodgell; Respondent/husband: Colin Stodgell; Third Respondent: Felipe Stodgell; First Intervenor: RCPO (Revenue and Customs Prosecutions Office); Receiver: Receiver; Second Intervenor: Sheikh Wallid Juffali; Child: Ross Stodgell; Child's Guardian: Stephen Williams
Jurisdiction
England and Wales
Judgment Date
18 July 2008
Procedural Posture
Ancillary Relief and Children Act Proceedings With Criminal Confiscation Order / Interlocutory Judgment on Adjournment of Ancillary Relief Pending Satisfaction of Confiscation Order
Outcome
Wife's application for ancillary relief adjourned generally; no further provision for costs or maintenance from restrained assets save for limited transitional payments; Children Act matters transferred to county court.
Legal Topics
Ancillary Relief, Confiscation Orders, Children Act Proceedings, Case Management, Legal Aid
Family Law Criminal Law Civil Procedure Ancillary Relief Confiscation Orders Children Act Proceedings Case Management Legal Aid

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 32
Sign in to unlock

Parties

Joselita Maria Pereira de Silva Stodgell

Applicant/wife

Colin Stodgell

Respondent/husband

Felipe Stodgell

Third Respondent

RCPO (Revenue and Customs Prosecutions Office)

First Intervenor

Receiver

Receiver

Sheikh Wallid Juffali

Second Intervenor

Ross Stodgell

Child

Stephen Williams

Child's Guardian

Procedural Posture

Ancillary Relief and Children Act Proceedings With Criminal Confiscation Order / Interlocutory Judgment on Adjournment of Ancillary Relief Pending Satisfaction of Confiscation Order

Legal Issues

  1. 1 Whether the wife's claims for ancillary relief should be heard before satisfaction of the criminal confiscation order against the husband
  2. 2 Whether any provision can be made for the wife or child from restrained assets prior to satisfaction of the confiscation order
  3. 3 Whether hidden assets justify a different approach

Ratio Decidendi

On the facts, even making the most favourable assumptions for the wife, there are insufficient assets to satisfy both the confiscation order and any ancillary relief. The scale and nature of the offending, the fact that the state is the victim, and the pervading effect of the tax evasion on all family assets mean that satisfaction of the confiscation order must take priority. The wife's claims for ancillary relief are adjourned generally and cannot be restored until the confiscation order is satisfied in full. No further provision for costs or maintenance will be made from the restrained assets, save for limited transitional payments. The court will not entertain further hearings on...

Court Disposition

Wife's application for ancillary relief adjourned generally; no further provision for costs or maintenance from restrained assets save for limited transitional payments; Children Act matters transferred to county court.

Orders

  • Wife's claims for ancillary relief adjourned generally and only restorable if and after the confiscation order is satisfied in full.
  • No further provision for wife's costs or maintenance from restrained assets, except for two further reduced monthly payments to facilitate transition to legal aid.