C v C [2005] EWHC 2741 (Fam) (29 November 2005)

C v C [2005] EWHC 2741 (Fam) (29 November 2005)

A person served with or notified of an ex parte injunction is entitled, upon request, to be provided with the evidential materials relied upon in obtaining the order, and the applicant's solicitors are obliged to provide such materials without requiring a further court order, regardless of confidentiality concerns.

Citation
[2005] EWHC 2741 (Fam)
Parties
Petitioner Wife: C; Respondent Husband: C; Interested Party: Citibank NA
Jurisdiction
England and Wales
Judgment Date
29 November 2005
Procedural Posture
Family Law (divorce) Application for Ex Parte Freezing Injunction / Post Injunction, Inter Partes Hearing on Disclosure to Third Party
Outcome
Application granted; order for disclosure made (retrospectively unnecessary).
Legal Topics
Ex Parte Orders, Freezing Injunctions, Disclosure Obligations, Natural Justice, Third Party Rights
Family Law Civil Procedure Ex Parte Orders Freezing Injunctions Disclosure Obligations Natural Justice Third Party Rights

Case Brief

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Parties

C

Petitioner Wife

C

Respondent Husband

Citibank NA

Interested Party

Procedural Posture

Family Law (divorce) Application for Ex Parte Freezing Injunction / Post Injunction, Inter Partes Hearing on Disclosure to Third Party

Legal Issues

  1. 1 Whether a third party served with or notified of an ex parte injunction is entitled to disclosure of the evidential materials relied upon in obtaining the order
  2. 2 Whether the applicant's solicitors are obliged to provide such materials without a court order

Ratio Decidendi

A person served with or notified of an ex parte injunction is entitled, upon request, to be provided with the evidential materials relied upon in obtaining the order, and the applicant's solicitors are obliged to provide such materials without requiring a further court order, regardless of confidentiality concerns.

Court Disposition

Application granted; order for disclosure made (retrospectively unnecessary).

Orders

  • Wife's solicitors to provide Citibank with copies of the evidential materials relied upon in obtaining the ex parte injunction.