Cooke Anor v Venulum Property Investments Ltd & Ors [2013] EWHC 4288 (Ch) (14 November 2013)

Cooke Anor v Venulum Property Investments Ltd & Ors [2013] EWHC 4288 (Ch) (14 November 2013)

The court lacked jurisdiction to grant a freezing order in support of a potential future costs order where no existing monetary claim or costs order existed; therefore, the freezing order must be discharged and the action dismissed.

Citation
[2013] EWHC 4288 (Ch)
Parties
Claimants: Mr. Cooke & Mrs. Cooke; First Defendant: Venulum Property Investments Limited; Second Defendant: Mr. Cadman; Third Defendant: Venulum Manor Works Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2013
Procedural Posture
Application for Freezing Order (high Court, Chancery Division) / Return Date Hearing Following Ex Parte Freezing Order
Outcome
Claim dismissed; freezing order discharged; costs awarded against claimants on indemnity basis.
Legal Topics
Freezing Injunctions, Jurisdiction for Interim Relief, Security for Costs, Costs Orders
Civil Procedure Property Law Freezing Injunctions Jurisdiction for Interim Relief Security for Costs Costs Orders

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Parties

Mr. Cooke & Mrs. Cooke

Claimants

Venulum Property Investments Limited

First Defendant

Mr. Cadman

Second Defendant

Venulum Manor Works Limited

Third Defendant

Procedural Posture

Application for Freezing Order (high Court, Chancery Division) / Return Date Hearing Following Ex Parte Freezing Order

Legal Issues

  1. 1 Whether the court had jurisdiction to grant a freezing order in support of a potential future costs order
  2. 2 Whether the freezing order should be continued or discharged
  3. 3 Whether the application for the freezing order was properly made ex parte

Ratio Decidendi

The court lacked jurisdiction to grant a freezing order in support of a potential future costs order where no existing monetary claim or costs order existed; therefore, the freezing order must be discharged and the action dismissed.

Court Disposition

Claim dismissed; freezing order discharged; costs awarded against claimants on indemnity basis.

Orders

  • Action dismissed
  • Freezing order not continued and discharged