KSO v MJO & Anor

KSO v MJO & Anor

The wife's repeated failure to provide a formal undertaking or respond to reasonable requests for information justified the father-in-law's fear of dissipation, making the freezing order appropriate. There was no material non-disclosure or procedural unfairness. The application to discharge the order was dismissed and costs awarded against the wife.

Parties
Petitioner: KSO; First Respondent (husband): MJO; Second Respondent (husband’s Father): JMO
Jurisdiction
England and Wales
Judgment Date
10 August 2009
Procedural Posture
Ancillary Relief (family) / Application to Discharge Freezing Order; Costs Determination
Outcome
Application to discharge freezing order dismissed; costs awarded against wife.
Legal Topics
Freezing Injunctions, Enforcement of Costs Orders, Ancillary Relief, Without Notice Applications, Costs Assessment
Family Law Civil Procedure Freezing Injunctions Enforcement of Costs Orders Ancillary Relief Without Notice Applications Costs Assessment

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Parties

KSO

Petitioner

MJO

First Respondent (husband)

JMO

Second Respondent (husband’s Father)

Procedural Posture

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

Legal Issues

  1. 1 Whether the freezing order against the wife's share of proceeds should be discharged
  2. 2 Whether there was a real risk of dissipation justifying the injunction
  3. 3 Whether there was material non-disclosure or procedural unfairness in the without notice application

Ratio Decidendi

The wife's repeated failure to provide a formal undertaking or respond to reasonable requests for information justified the father-in-law's fear of dissipation, making the freezing order appropriate. There was no material non-disclosure or procedural unfairness. The application to discharge the order was dismissed and costs awarded against the wife.

Court Disposition

Application to discharge freezing order dismissed; costs awarded against wife.

Orders

  • Freezing order to remain in force until suitable security of £50,000 is provided by the wife.
  • Wife to pay the father-in-law's costs of resisting the application, summarily assessed at £5,000 inclusive of VAT.