KSO v MJO & Anor [2009] EWHC 2152 (Fam) (10 August 2009)

KSO v MJO & Anor [2009] EWHC 2152 (Fam) (10 August 2009)

Given the wife's repeated failure to provide a formal undertaking or respond to reasonable requests for information, there was a real risk she would dispose of her share of the proceeds to frustrate the father-in-law's costs judgment. The freezing order was justified and should remain in force. No sufficient grounds were shown for its discharge.

Citation
[2009] EWHC 2152 (Fam)
Parties
Petitioner: KSO; First Respondent: MJO; Second Respondent: JMO
Jurisdiction
England and Wales
Judgment Date
10 August 2009
Procedural Posture
Ancillary Relief (family Law) / Application to Discharge Freezing Order; Costs Determination
Outcome
Application dismissed
Legal Topics
Freezing Injunctions, Costs Orders, Enforcement of Judgments, Ancillary Relief, Without Notice Applications
Family Law Civil Procedure Freezing Injunctions Costs Orders Enforcement of Judgments Ancillary Relief Without Notice Applications

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Parties

KSO

Petitioner

MJO

First Respondent

JMO

Second Respondent

Procedural Posture

Ancillary Relief (family Law) / Application to Discharge Freezing Order; Costs Determination

Legal Issues

  1. 1 Whether the freezing order granted against the wife should be discharged
  2. 2 Whether the wife should pay the father-in-law's costs of resisting her application

Ratio Decidendi

Given the wife's repeated failure to provide a formal undertaking or respond to reasonable requests for information, there was a real risk she would dispose of her share of the proceeds to frustrate the father-in-law's costs judgment. The freezing order was justified and should remain in force. No sufficient grounds were shown for its discharge.

Court Disposition

Application dismissed

Orders

  • The wife's application to discharge the freezing order is dismissed.
  • The freezing order remains in force, subject to provision of security for £50,000 as previously ordered.